RTS Super Pty Ltd v Bagshaw

RTS Super Pty Ltd sought summary judgment against Mr Bagshaw in relation to a default on a mortgage. The Federal Court was required to determine whether RTS Super had established a prima facie right to judgment and, if so, whether it was entitled to an indemnity costs order. The court needed to examine whether the default was due to the unconscionable conduct of RTS Super and whether Mr Bagshaw had a special disadvantage.

The court examined the evidence and submissions to determine if RTS Super had demonstrated a prima facie right to judgment. It assessed whether the default on the mortgage was due to unconscionable conduct by RTS Super and whether Mr Bagshaw was in a position of special disadvantage. The court also considered whether an indemnity costs order was appropriate. Ultimately, the court found that RTS Super had not established a prima facie right to judgment as it had not demonstrated the absence of any triable issue. The court determined that Mr Bagshaw had a special disadvantage and that RTS Super's conduct was unconscionable. As a result, the court dismissed RTS Super's application for summary judgment and ordered it to pay Mr Bagshaw's costs on an indemnity basis.