The Trust Company (PTAL) Pty Ltd v Romeo (No 3)

The Trust Company (PTAL) Pty Ltd sought summary judgment against Romeo, who had pleaded a defence under the Contracts Review Act. The matter was heard in the Supreme Court of Queensland. The Trust Company sought summary judgment on a debt claimed under a guarantee. Romeo argued that the claim was subject to the Contracts Review Act, and the Trust Company argued that the defence was not available to Romeo as a matter of law.
The court was required to determine whether the defence pleaded by Romeo under the Contracts Review Act was sufficient to defeat the Trust Company's application for summary judgment. The court also had to decide whether the defence was so weak that it could not succeed at trial. The court found that the defence was not so weak that it was doomed to fail, and the Trust Company's application for summary judgment was therefore refused. The court noted that the defence raised a number of difficulties, but these were not insurmountable and did not justify the dismissal of the defence at this stage of the proceedings.

The court's reasoning was based on the principle that an application for summary judgment should only be granted if the defence has no reasonable prospect of success. The court found that the defence raised a number of difficulties, but these were not insurmountable and did not justify the dismissal of the defence at this stage of the proceedings. The court also noted that the defence was not so weak that it could not succeed at trial. The court found that the defence was not so weak that it was doomed to fail, and the Trust Company's application for summary judgment was therefore refused. The court ordered that the matter proceed to trial.