The Plaintiff brought a Summary Judgment Application for payment for work it performed on three wells of the Defendant. The Defendant claimed set-off arising from the Plaintiff’s faulty drilling which caused loss to, and additional expenses incurred by, the Defendant. The parties had entered into a bilateral no fault contract in which each party released the other of all fault except where there was intentional harm.

In determining whether the Claim should be determined summarily, Master Prowse reviewed the facts and assumed some facts in favour of the Defendant. Master Prowse held that a disposition that is fair and just to both parties could be made on the existing record. As the parties had entered into a no fault contract, the Plaintiff was entitled to payment for its work without deducting the set-off claimed by the Defendant. Accordingly, Summary Judgment was granted.