The Queensland Court of Appeal remains divided on whether the 'no real prospect of succeeding' test under UCPR rr 292 and 293 equates to the traditional 'bound to fail' standard (Chesterman JA) or represents a different threshold requiring assessment of whether there is a real as opposed to fanciful prospect of success (Holmes JA and Daubney J). The question remains unsettled, though Daubney J treats Salcedo as establishing that the rules are to be applied according to their own terms. In practical terms, summary judgment should not be granted where the facts are disputed or where the respondent adduces evidence of facts which, if proved, would establish a defence.
The full text is available to signed-in members, including the 30 later cases that cite this judgment.
4 of the 30 citing cases carry a classified treatment. How each court treated it is available to signed-in members.