Al Azahri, Azhari and Azhari v Sheik Al-Maktoum

The case of Al Azahri, Azhari and Azhari v Sheik Al-Maktoum was heard in the Queensland Supreme Court. The plaintiffs, who built two schools in honour of the first defendant and his late brother, sought to recover costs from the first defendant. The first defendant gave approval in principle, and the plaintiffs contend that the first defendant promised to provide financial support for the construction of the schools. The first defendant denied the plaintiffs' claims, and the second and third defendants, who were involved in discussions with the plaintiffs regarding the funding and support of the construction of the schools, were also defendants in the proceedings.

The court had to decide whether the plaintiffs had no real prospect of succeeding on all or part of their claim against the first defendant and whether there was a need for a trial for the claim or part of the claim. The court also had to consider whether paragraphs 31 and 33 of the first amended statement of claim should be struck out. The plaintiffs had already agreed to replead paragraph 33, and the court struck it out with liberty to replead.

The court considered the principles of summary judgment and noted that a court must be careful not to deprive a plaintiff of their opportunity for trial of their case under the guise of achieving expeditious finality. The court found that the plaintiffs had no real prospect of succeeding on their claim against the first defendant as there was no evidence of a binding agreement or representation that the first defendant would provide financial support for the construction of the schools. The court also found that there was no need for a trial for the claim or part of the claim against the first defendant.

The court ordered that summary judgment be entered in favour of the first defendant and that the plaintiffs' claims against the first defendant be dismissed. The court also ordered that paragraph 33 be struck out with liberty to replead.