The Acting Master dismissed the plaintiff's application for summary judgment under O 14 of the Rules of the Supreme Court 1971 (WA), finding that the plaintiff had not properly established the quantum claimed and that a conflict of evidence existed on the affidavits regarding the share transaction which should not be resolved summarily. The decision turned on its own facts, including the plaintiff's concession that it could not claim the full NAB debt amount and deficiencies in the plaintiff's affidavit evidence.
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