Rhodes v De Castro

Damien Terence Michael Rhodes commenced proceedings against Gui Jorge Da Costa Napoleao De Castro seeking summary judgment in the amount of $500,000 plus interest. Mr Rhodes contends the defendant breached cl 5.1(c) of a deed of settlement and release which required the defendant to transfer units in a trust to the value of $500,000 by 11 August 2021. Mr De Castro contends he has not breached the deed. The court considered the evidence on the application and held that the plaintiff had not discharged his onus of proving the defendant had no defence to the claim. In the alternative, the court considered the interests of justice weighed against the grant of summary judgment. The application was dismissed.