Foodco Management P/L & Anor v Go My Travel P/L

[2001] QSC 291

Supreme Court of Queensland

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary judgment
3. › Application by defendant
4. › Test of 'no real prospect of succeeding'
5. › Whether issues between the parties should proceed to trial
6. › Uniform Civil Procedure Rules 1999 (Qld), r 293
1. Contract
2. › Construction
3. › Exclusivity clause in commercial lease
4. › Whether core business of competing tenant was specialty muffin shop
5. › Whether pre-lease correspondence admissible to construe lease
1. Trade Practices
2. › Unconscionable conduct
3. › Commercial lease
4. › Knowledge of vulnerability of tenant's business
5. › Whether triable issues existed
6. › Trade Practices Act 1974 (Cth), ss 51AA, 51AB, 51AC

Quick Take

The test under r 293(2) UCPR (Qld) for summary judgment requires the applicant to show the respondent has 'no real prospect of succeeding', meaning no realistic (as opposed to fanciful) prospect of success. The rule is not intended to dispense with the need for a trial where there are issues that should be investigated at trial.