Goodridge v Barwick [2007] NSWSC 994

Goodridge v Barwick [2007] NSWSC 994

The defendant's case is not hopeless and should be permitted to go to trial as there are substantial disputes of fact, including whether an enforceable agreement for repayment was made or whether monies advanced were a capital investment. The application for summary judgment or to strike out the defence is refused.

Parties
Plaintiff: Ross Ian Goodridge; Defendant: Adrian Garfield Barwick
Jurisdiction
Australia
Judgment Date
06 September 2007
Procedural Posture
Civil / Notice of Motion for Summary Judgment or to Strike Out Defence
Outcome
Plaintiff's notice of motion dismissed; plaintiff to pay defendant's costs.
Legal Topics
Strike Out Defence, Summary Judgment, Money Due
Civil Procedure Strike Out Defence Summary Judgment Money Due

Case Brief

Summary, issues, holding and outcome

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Parties

Ross Ian Goodridge

Plaintiff

Adrian Garfield Barwick

Defendant

Procedural Posture

Civil / Notice of Motion for Summary Judgment or to Strike Out Defence

Legal Issues

  1. 1 Whether summary judgment or strike out of defence should be granted in respect of alleged money due under Heads of Agreement and alleged subsequent agreement; whether defendant has an arguable defence including estoppel

Ratio Decidendi

The defendant's case is not hopeless and should be permitted to go to trial as there are substantial disputes of fact, including whether an enforceable agreement for repayment was made or whether monies advanced were a capital investment. The application for summary judgment or to strike out the defence is refused.

Court Disposition

Plaintiff's notice of motion dismissed; plaintiff to pay defendant's costs.

Orders

  • The plaintiff's notice of motion filed 20 August 2007 is dismissed.
  • The plaintiff is to pay the defendant's costs as agreed or assessed.