Richards v Han

In the Federal Court of Australia, Mr Richards brought claims against Mr Han and eleven other respondents in relation to alleged oral agreements for the provision of services. Mr Han and the respondents applied for summary judgment in relation to part of Mr Richards’ claims and for certain paragraphs of the defence to be struck out. The court had to determine whether Mr Han and the respondents had no reasonable prospect of successfully defending the claims and whether certain paragraphs of the defence should be struck out. The court considered the extensive evidence filed and the parties’ written submissions. It found that the applications were hopeless and brought about significant delay and expense. The court emphasised that summary dismissal should not be awarded simply because it is unlikely that the applicant will succeed on the factual issues. The court held that the defences to the claims were unlikely candidates for summary judgment because the agreements in question were oral agreements and most of the critical discussions were contested. The court concluded that the interlocutory applications were hopeless and dismissed them, ordering Mr Richards to pay the respondents’ costs.