Supreme Court Ruling on Summary Judgment: When Full Trials Are Required
A recent Supreme Court decision (Bagshot Investments v Huntly Property Holdings [2025] VSC 16) highlights that summary judgment is not easily granted in contested cases. Under the Civil Procedure Act 2010 (Vic), a claim or defence can be dismissed if it has no real prospect of success, but courts may still require a full trial if factual disputes exist. In this case, both parties sought summary judgment, yet the Court found inconsistencies in the evidence, reliance on inferences, and unclear contractual terms that required cross-examination. This ruling reinforces that summary judgment is a powerful but limited tool, particularly in complex disputes Read More
