Where a summary judgment application turns on the construction of complex contractual provisions, and there is a reasonable basis for dispute as to the meaning of the relevant terms, the claims should not be summarily dismissed but should proceed to full trial. Reliance on judicial decisions construing different contracts is at odds with established principles of contractual interpretation requiring the subject document to be construed as a whole. Even where the court has doubts about the prospect of success, the discretion under s 64 of the Civil Procedure Act 2005 (Vic) should be exercised to require a full trial where the amounts at stake are substantial and the contractual provisions are lengthy and complex.
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