Scorpion Securities Pty Limited v Stefan Martin Allan [2005] NSWSC 418

Scorpion Securities Pty Limited v Stefan Martin Allan [2005] NSWSC 418

There being no evidence to substantiate the defendant's defence and cross-claim and no triable issues raised, the plaintiff is entitled to summary judgment and the cross-claim should be dismissed.

Jurisdiction
Australia
Judgment Date
29 April 2005
Procedural Posture
Summary Judgment Application / Judgment
Outcome
Judgment for the plaintiff; cross-claim dismissed; costs to plaintiff on indemnity basis.
Legal Topics
['summary Judgment' 'unconscionable Conduct' 'duress']
['commercial Law'] ['summary Judgment' 'unconscionable Conduct' 'duress']

Case Brief

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Procedural Posture

Summary Judgment Application / Judgment

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to summary judgment for moneys due under the documents identified in the statement of claim' "Whether the defendant's defence and cross-claim based on unconscionable conduct and duress raise any triable issue"]

Ratio Decidendi

There being no evidence to substantiate the defendant's defence and cross-claim and no triable issues raised, the plaintiff is entitled to summary judgment and the cross-claim should be dismissed.

Court Disposition

Judgment for the plaintiff; cross-claim dismissed; costs to plaintiff on indemnity basis.

Orders

  • ['Judgment for the plaintiff in the sum of $893,616.43' 'The cross-claim is dismissed' 'The defendant/cross-claimant is to pay the costs of the proceedings and the cross-claim on an indemnity basis']