1 Apr 2010
The debtor failed to establish a bona fide substantive defence based on promissory estoppel because provision of post-dated cheques did not constitute actual payment and there was no inequity in the petitioner resiling within a week of the alleged agreement and before any cheque could be presented; accordingly a bankruptcy order should be made.
30 Oct 1997
The Court allowed the appeal and set aside the Master's summary judgment because, on the evidence and surrounding circumstances, there was a bona fide disputed claim and a plausible settlement which raised triable issues; additionally, the equitable argument against the Plaintiff resiling was plainly arguable and there were other arguable defenses (including public policy and insufficiency of the Plaintiff's work) warranting unconditional leave to defend.
27 Mar 1985
Leave to defend an Order 14 summary judgment should be granted where an equitable defence (promissory/equitable estoppel) is reasonably arguable; such leave may be conditional to protect the plaintiff (here requiring honouring of cheques and continuing $5,000 monthly payments) and the defence must be pleaded promptly.