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Application for summary judgment; debt claim admitted; need to form a conclusion as to the merits of the set-off claim without having a trial to investigate factual issues such as the precise content of the matters in the set-off claim that are said by the defendant to go to the root of the plaintiff’s claim; application dismissed.
Appeal Determined (QCA)
[2008] QCA 103 [2009] 1 Qd R 403
02 May 2008
Appeal against refusal of application for summary judgment; learned primary judge erred in proceeding on the footing that an investigation of the factual issues involved in the respondent's claims against some of the plaintiffs was necessary in order to determine whether there was a "sufficient closeness of connection between the [respondent's] set-off claim and the subject matter of the [appellants'] claim": McMurdo P, Keane and Fraser JJA.
Appeal Status
Appeal Determined (QCA)
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