John Patrick Davey and Eric Malcolm Bray v Valerie Herbst and Adam Herbst

Davey and Bray, the appellants, appealed against a decision of the Magistrates Court which dismissed their application for summary judgment and allowed the respondents', Herbst, application to strike out third party notices. The central dispute involved the enforceability of a loan agreement and a debt assignment. The appellants contested the validity of the debt assignment and argued that the loan agreement was unenforceable due to inapt descriptions. They also sought to strike out the third party notices served by the respondents.

The court had to determine whether the appellants had a good defence or counterclaim to the respondents' statement of claim on the merits. It also needed to decide whether the third party notices should be struck out, whether the debt was validly assigned, and whether the loan agreement was enforceable due to the inapt descriptions. The definition of "cause of action" was also scrutinized.

The court found that the appellants' grounds of appeal were not made out. It held that the appellants did not have a good defence or counterclaim to the statement of claim. The court also decided that the third party notices should not be struck out. The debt was held to be validly assigned, and the loan agreement was enforceable despite the inapt descriptions. The court concluded that the appellants' appeal was without merit.

The appeal was dismissed with costs.