1Where a defendant raises arguable issues as to the circumstances in which contractual instruments were executed — including allegations of duress, unconscionability, or misleading conduct — and those issues require assessment of oral evidence and cross-examination, summary judgment will not be granted.
2Interest provisions that produce a claimed amount approaching ten times the principal debt may raise a triable issue as to whether they constitute a penalty, particularly in the absence of evidence that the interest was commensurate with the lender's risk.
3A relatively short delay in bringing a summary judgment application under O 14 r 1(1) RSC 1971 (WA) may be excused where the application is still brought at an early stage before a defence is filed and no prejudice to the defendant is demonstrated.
