SGP Distribution (NSW) PTY LTD ABN 73 607 353 926 v TML TRADING PTY LTD ABN 55 605 292 331 [2022] NSWDC 18

SGP Distribution (NSW) PTY LTD ABN 73 607 353 926 v TML TRADING PTY LTD ABN 55 605 292 331 [2022] NSWDC 18

The summary judgment was set aside because the plaintiff, knowing there was an assignment of debt that cast real doubt on its title to sue, nevertheless obtained summary judgment. This constituted conduct against good faith under r 36.15, warranting the judgment's reversal, notwithstanding delay by the defendants and the fact that procedural irregularity alone was not a sufficient basis.

Jurisdiction
Australia
Judgment Date
15 February 2022
Procedural Posture
Civil / Application to Set Aside Summary Judgment
Outcome
Application to set aside summary judgment granted; summary disposal application dismissed; orders for joinder and amended pleadings made; no order as to costs on the motion.
Legal Topics
['setting Aside Summary Judgment' 'assignment of Debts' 'good Faith in Litigation' 'verification of Pleadings']
['civil Procedure'] ['setting Aside Summary Judgment' 'assignment of Debts' 'good Faith in Litigation' 'verification of Pleadings']

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Procedural Posture

Civil / Application to Set Aside Summary Judgment

Legal Issues

  1. 1 ['Whether summary judgment should be set aside for being obtained in the absence of good faith' 'Whether omission to verify statement of claim constitutes an irregularity warranting setting aside the judgment' 'Whether judgment should be set aside due to doubt as to correct party with standing to sue']

Ratio Decidendi

The summary judgment was set aside because the plaintiff, knowing there was an assignment of debt that cast real doubt on its title to sue, nevertheless obtained summary judgment. This constituted conduct against good faith under r 36.15, warranting the judgment's reversal, notwithstanding delay by the defendants and the fact that procedural irregularity alone was not a sufficient basis.

Court Disposition

Application to set aside summary judgment granted; summary disposal application dismissed; orders for joinder and amended pleadings made; no order as to costs on the motion.

Orders

  • ['Pursuant to r 36.15 of the UCPR, the summary judgment entered for the plaintiff against the defendants for $235,675.98 is set aside.' 'The application for summary disposal is dismissed.' "No order as to costs of the defendants' notice of motion dated 16 November 2021, as amended." 'Subject to consent, Grow Invoice...