A primary judge who grants summary judgment must give reasons that refer to the evidence and explain conclusions on live issues, even where the application is straightforward. Where the evidence before the primary judge would not have supported the full judgment amount, an order for indemnity costs based on a settlement offer may be displaced even under UCPR r 360(1). The Court of Appeal preferred Balnaves v Smith over Taske on the validity of UCPR settlement offers containing terms beyond the proceeding, but did not finally decide the point.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.