The requirement under Pt 11A r 2(1)(b) of the District Court Rules 1973 (NSW) for evidence of belief that the defendant has no defence does not require a direct express statement of belief; the requisite belief may be inferred from the evidence furnished by the plaintiff or other responsible person. Summary judgment should not be granted where the material discloses triable issues concerning the existence, parties, terms and breach of an alleged agreement, even where internal documents of the defendant appear to acknowledge a debt.
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