The Court of Appeal upheld summary judgment in favour of the respondent bank, finding that the appellant failed to demonstrate a real prospect of success in her claim that the bank had agreed not to exercise its power of sale under a mortgage. The Court considered whether the primary judge improperly relied on an out-of-court statement (counsel's representation that the appellant's son agreed with the bank manager's notes of the meeting), but found that the appellant did not object at the time and the statement was consistent with the documentary evidence, which disclosed no agreement. The case applies the Swain v Hillman test for summary judgment, requiring a 'real' as opposed to 'fanciful' prospect of success.
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