A G Professional Hair Care Products Ltd v Geagroup Invest SRL

A G Professional Hair Care Products Ltd (the applicant) sought to strike out the defence and enter summary judgment against Geagroup Invest SRL (the respondent) in proceedings concerning alleged breaches of a distribution agreement. The application was heard in the Supreme Court of Victoria.

The central legal issues before the Court were whether the respondent's defence disclosed a real prospect of success, and if not, whether summary judgment should be entered in favour of the applicant. Specifically, the Court had to consider the adequacy of the respondent's pleaded defences, including allegations of misleading and deceptive conduct, breach of contract, and repudiation of the agreement by the applicant.

Justice Wilson found that the respondent's defence, as pleaded, lacked the necessary particularity and failed to disclose a real prospect of success. The Court applied the principles governing summary judgment applications, emphasizing that a defence must raise genuine issues of fact or law to avoid being struck out. The respondent's generalised assertions of misleading conduct and breach were insufficient to withstand scrutiny.

Consequently, the Court ordered that the respondent's defence be struck out and that judgment be entered for the applicant.