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ARTICLE · 13 APRIL 2025

Summary judgment and complex cases - what's the point?

Court concluded that there was a genuine dispute existent regarding the nature of the facility agreement

AustraliaLitigation, Mediation & Arbitration

Background

This matter before the Supreme Court of New South Wales (the Court) concerns an application to set aside two statutory demands by creditors pursuant to their claims for restitution, mistake and failure of consideration. The factual circumstances in which the alleged mistake, restitution and failure of consideration emerged are complex and subject to evidence and proof.

Essentially, the Defendants obtained statutory demands against the Plaintiff for monies which were transferred to a bank account in the name of the Plaintiff. The Plaintiff believed that the monies were transferred to their account pursuant to a facility agreement it had with another entity, Jitou Group Pty Ltd.

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