SAS Global Forrestdale Pty Ltd v Forestdale Developments Pty Ltd

SAS Global Forrestdale Pty Ltd applied for summary judgment against Forestdale Developments Pty Ltd in the Supreme Court of Western Australia. The applicant sought to recover the sum of $443,730.85. The dispute arose from a dispute about the terms of a contract for the sale of property. The defendant argued that the applicant had breached the contract, and thus had no entitlement to the sum claimed. The court was required to determine whether the defendant had an arguable defence to the claim, and whether the application should proceed to a trial.

The court considered the evidence presented by both parties and held that the defendant had an arguable defence to the claim. The court found that the defendant's argument that the applicant had breached the contract was plausible, and that the dispute was not one that could be resolved on the papers alone. The court held that the defendant's argument was supported by the facts of the case, and that the defendant had therefore demonstrated that it had a real prospect of succeeding at a trial. The court held that the application for summary judgment should be dismissed.

The court ordered that the application for summary judgment be dismissed. The court held that the defendant had demonstrated that it had an arguable defence to the claim, and that the dispute could not be resolved on the papers alone. The court further held that the defendant had demonstrated that it had a real prospect of succeeding at a trial, and that the application should therefore be dismissed. The court ordered that the defendant's costs of the application be paid by the applicant.