Du v Feng

The plaintiff, Du, sought summary judgment against the defendant, Feng, in an action to recover moneys owing. The case was heard by the Supreme Court of Victoria. The plaintiff alleged that the defendant owed him a sum of money based on a promissory note and subsequent agreements. The defendant did not dispute the existence of the debt but argued that the plaintiff's claim was barred by the statute of limitations and that there were certain contractual terms that should be considered.

The court had to determine whether the plaintiff's claim was barred by the statute of limitations and whether there were any other defences that could be raised by the defendant. The court examined the pleadings and the evidence provided by both parties. The court found that the defendant's own material showed no arguable defence to the plaintiff's claim. The court also found that the pleadings were incompetent as the defendant had not raised any valid defences. The court noted that the debt was not disputed and that there were no valid grounds for the defendant to challenge the plaintiff's claim.

The court granted summary judgment in favour of the plaintiff and ordered the defendant to pay the amount owed, plus interest and costs. The court held that the defendant's argument regarding the statute of limitations was without merit and that there were no other defences that could be raised. The court also noted that the defendant had failed to provide any evidence to support their defences. The court held that the plaintiff was entitled to judgment as a matter of law and that there was no need for a trial.