BRYMAT PTY LTD v KALJO [1989] NSWCA 29

BRYMAT PTY LTD v KALJO [1989] NSWCA 29

Judge Ward erred by determining the credibility and truthfulness of witnesses and granting summary judgment in the absence of a full hearing; the existence of conflicting sworn evidence establishes a triable issue which entitles the claimant to a trial.

Parties
Claimant: Brymat Pty Ltd; First Opponent: Kaljo
Jurisdiction
Australia
Judgment Date
31 March 1989
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Summary Judgment, Appeals, Triable Issue
Civil Procedure Summary Judgment Appeals Triable Issue

Case Brief

Summary, issues, holding and outcome

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Parties

Brymat Pty Ltd

Claimant

Kaljo

First Opponent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether summary judgment should have been granted despite existence of triable issue
  2. 2 Whether Judge Ward erred by preferring evidence without full trial

Ratio Decidendi

Judge Ward erred by determining the credibility and truthfulness of witnesses and granting summary judgment in the absence of a full hearing; the existence of conflicting sworn evidence establishes a triable issue which entitles the claimant to a trial.

Court Disposition

Appeal allowed

Orders

  • Order of 15 August 1988 set aside.
  • Action set down for trial on the pleadings filed or any amended pleadings.