The Barratt v Rees summary enforcement procedure cannot be combined with a trial on contested issues (such as group membership) without a proper order under s 49 of the Civil Procedure Act 2010 or Rule 47.04, and without prior notice to the parties. Where group membership is genuinely contested and there are arguable grounds, the usual interlocutory steps and a trial are required. However, where group membership is admitted, the deed of settlement binds the group member to its terms including acknowledgment of loan deed validity, precluding defences challenging the validity of the underlying loan arrangements. The definition of 'Loan Agreements' in the deed of settlement does not require proof that the advance came from a specific entity or was of a specified amount.
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