The 'no real prospect of succeeding' test under r 292 UCPR (Qld) requires a 'realistic' as opposed to 'fanciful' prospect of success, approving Lord Woolf MR's formulation in Swain v Hillman. Pre-contractual misrepresentations may be treated as spent where the representee subsequently negotiated and executed formal documents with independent legal advice and commercial experience, such that the misrepresentation cannot realistically be said to have induced entry into the contract.
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