Dempsey Project Pty Ltd & Ors v Perpetual Corporate Trust Limited

[2019] QCA 234

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › General principles
3. › Interference with discretion of court below
4. › Control over proceedings
5. › Admission of evidence
6. › Affidavit on summary judgment application
7. › Whether affidavit required to state sources of information and reasons for belief
8. › Whether s 129A Evidence Act 1977 (Qld) applied
9. › UCPR r 295(2)
1. Appeal
2. › General principles
3. › Interference with discretion of court below
4. › Control over proceedings
5. › Refusal of adjournment
6. › Whether refusal resulted in denial of justice
7. › Whether appellants materially prejudiced in resisting summary judgment application
8. › Maxwell v Keun principle
1. Practice and Procedure
2. › Summary judgment
3. › Defence to debt claim
4. › No set-off clause in loan agreement
5. › Whether counterclaim for unliquidated damages could constitute defence
6. › Whether further evidence could only support counterclaim not defence

Quick Take

Where documents exhibited to a solicitor's affidavit on a summary judgment application are admitted on the pleadings and not seriously in dispute, s 129A of the Evidence Act 1977 (Qld) permits the court to admit the affidavit even if it does not comply with UCPR r 295(2). A refusal of adjournment on a summary judgment application does not deny justice where the further evidence sought could only support a counterclaim (not a defence) and a no set-off clause in the loan agreement precludes reliance on unliquidated damages as a defence.