Suresh v WD Hunt and Associates (No 2)

Suresh brought an action against WD Hunt and Associates for breach of contract and associated torts. The respondents sought summary dismissal of the action on the basis that it had no reasonable prospects of success. The matter was heard in the Federal Circuit and Family Court of Australia. The court was required to determine whether the applicant’s claim had any arguable basis in law and fact and, if so, whether the claim had any real prospect of success. The court found that the applicant had not discharged the onus of demonstrating that the respondent’s claim was bound to fail. The court found that the applicant had identified factual matters which, if proven, could amount to a breach of contract. The court found that there were no reasons why those facts could not be proven. The court found that there were genuine issues for trial and dismissed the application for summary dismissal. The court made no orders as to costs.