Rule Details
REID v AMRY FAMILY TRUST
Rules Discussed
- Rule 6.14 Appeal from master’s judgment or order
- Rule 7.3 Summary Judgment (Application and decision)
Case Summary
The Applicant alleged that an oral collateral agreement existed between himself and the Defendant. Applications Judge Prowse granted Summary Dismissal of the Applicant’s claim pursuant to Rule 7.3(1)(b), finding no merit to the allegation that an oral collateral agreement existed.
The Applicant appealed the Applications Judge’s decision pursuant to Rule 6.14, alleging a genuine issue for Trial. On Appeal, Justice Thompson noted that an Appeal from a decision of an Applications Judge is de novo pursuant to Rule 6.14(3). In this case, however, there was no new evidence filed by the parties.
In analyzing the prior decision, Thompson J. directed that Rule 7.3 should not be viewed in absolute terms, but in the context of there being “no real issue”. Ultimately, the Appeal was upheld as the Court found that the Respondent had met its burden to establish no merit to the Applicant’s claim and no genuine issue requiring a Trial.