Civil Outline of Submissions.pdf - District Court of New...

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District Court of New South Wales No. 2020/00003777 Registry: Sydney Division: General JOYCE JONG First Plaintiff MARGARET JONG Second Plaintiff BARRY CARUSO First Defendant MARIA CARUSO Second Defendant PLAINTIFFS’ OUTLINE OF SUBMISSIONS 1. The Plaintiffs are seeking orders for a summary judgment to be entered against the Defendants under r13.1 of Uniform Civil Procedure Rules 2005 (NSW) (“ UCPR ”). 2. On an application for summary judgement, the applicant must show: a. there is evidence of the facts on which the claim or part of the claim is based; and b. there is evidence, given by the plaintiff or by some responsible person, that, in the belief of the person giving the evidence, the defendant has no defence to the claim or part of the claim, or no defence except as to the amount of any damages claimed. Evidence of the Facts on Which the Claim is Based 3. On 20 November 2020 the Plaintiffs entered into an agreement (“ Agreement ”) with the defendants in respect of a loan for $101,200.00. We refer to annexure “A” of the affidavit of Joyce Jong dated 20 November 2018 at paragraphs 6-12 of the affidavit.

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