Stepanoski v Aslan (No 2)

The respondents commenced proceedings against the appellants in the Supreme Court of Queensland, claiming unpaid wages and other entitlements. The appellants applied for summary judgment, which was denied. The appellants then applied to the Full Court for special leave to appeal. The Full Court certified that the case involved an important question of law relating to the summary judgment procedure. The respondents cross-applied for special leave to appeal on the basis that the case raised an important question of law as to the proper interpretation of the summary judgment procedure. The Full Court granted both parties special leave to appeal. The appeal raises questions about the proper approach to summary judgment applications where a party accepts that a certain amount of money is owing. The court considered whether the trial judge was correct to conclude that there could be no dispute as to the appellants owing the respondents at least the sum of $123,810.80. The court concluded that the trial judge's reasoning was flawed and that the respondents had not discharged the onus of establishing a genuine dispute as to liability for the sum of $123,810.80. The appeal was therefore allowed. The Full Court's orders were set aside and the primary judge's orders were restored. The respondents' cross-appeal was dismissed.