10 Aug 2005
There is a real dispute of fact about whether the loan was discharged by the sale and the handwritten receipt is ambiguous; therefore summary judgment is inappropriate and the case must proceed to trial.
21 Mar 2002
Because there were extensive and substantial disputes of fact (genuineness of sale agreements and addenda, valuation disputes, alleged company debts), the originating summons procedure was unsuitable; the court therefore converted the originating summons into a writ and ordered exchange of pleadings on a tight timetable to allow proper trial.
29 Jul 1999
The court held that Yuen J.'s direction about disputes of fact did not amount to a finding that the defendant had a realistic prospect of success; accordingly the Master's order that the defendant's solicitors pay the plaintiff's costs of the application should not be disturbed.