Where a defendant to a claim for specific performance of a deed pleads defences of misleading and deceptive conduct under the Australian Consumer Law, collateral contract, or breach of fiduciary duty, and those defences are very arguably raised on the pleaded facts, summary judgment is inappropriate because there is a real as opposed to fanciful prospect of success. An entire agreement clause in a deed does not necessarily preclude such defences. The status of a party as a self-represented litigant may explain deficiencies in pleading.
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