May v HSBC

• 1. Practice and Procedure
  2. › Summary judgment
  3. › Application by plaintiff
  4. › Whether defence disclosed triable issue
  5. › Arguments based on delivery of bill of exchange and promissory note to discharge mortgage debt
  6. › Whether such delivery could discharge underlying debt
  7. › Civil Procedure Act 2010 (Vic), s 64
• 1. Practice and Procedure
  2. › Notice to admit
  3. › Setting aside notice to admit
  4. › Whether notice confined to propositions of fact
  5. › Whether oppressive to require recipient to sift through notice
  6. › Whether wholesale set-aside appropriate rather than severance
  7. › County Court Civil Procedure Rules 2018 (Vic), Order 35
• 1. Practice and Procedure
  2. › Appeal
  3. › Leave to appeal
  4. › Whether proposed grounds of appeal had any prospect of success
  5. › Hopeless grounds
• 1. Bills of Exchange
  2. › Promissory notes
  3. › Whether delivery of promissory note or bill of exchange to creditor discharges underlying debt
  4. › Whether retention without acceptance constitutes acceptance by conduct
  5. › Bills of Exchange Act 1909 (Cth), ss 89, 93

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