Debeck entered into an oral agreement with T&E to undertake work of installation of ductwork in two stages. Debeck sought summary judgment for the agreed sum as well as an additional sum for extra work said to have been carried out. Debeck argued that T&E had no real prospect of successfully defending the claim and relied upon a fax sent by one of its directors to T&E as containing all the relevant terms of the agreement.

Relying on RJT Consulting Engineers v DM Engineering Northern Ireland Ltd, the Judge dismissed the summary judgment application as the fax did not set out or record all of the matters on which Debeck itself sought to rely upon: it did not explain even in summary terms the scope of the work to be undertaken, whether materials were to be supplied and so on. Furthermore the agreement was for work to be carried out by way of a first fix, then a second fix, and this was also not clear on the face of the fax itself.