Ku v Woolworths Group Limited [2020] NSWDC 506

Ku v Woolworths Group Limited [2020] NSWDC 506

Aside from paragraph 19, the Defence does not contain embarrassing or inconsistent assertions warranting strike out nor require further particulars, as statements are denials or superfluous emphasis; paragraph 19 is confusing and embarrassing and should be struck out.

Jurisdiction
Australia
Judgment Date
04 September 2020
Procedural Posture
Civil / Interlocutory Application
Outcome
Plaintiff's application largely dismissed except paragraph 19 of Defence struck out.
Legal Topics
["occupier's Liability" 'contributory Negligence' 'striking Out Pleadings' 'further and Better Particulars']
['tort Law' 'practice and Procedure'] ["occupier's Liability" 'contributory Negligence' 'striking Out Pleadings' 'further and Better Particulars']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 ['Whether parts of Defence should be struck out for inconsistency or insufficient particularisation' 'Whether further and better particulars of Defence should be ordered' 'Whether contributory negligence defence is properly pleaded']

Ratio Decidendi

Aside from paragraph 19, the Defence does not contain embarrassing or inconsistent assertions warranting strike out nor require further particulars, as statements are denials or superfluous emphasis; paragraph 19 is confusing and embarrassing and should be struck out.

Court Disposition

Plaintiff's application largely dismissed except paragraph 19 of Defence struck out.

Orders

  • ['Paragraph 19 of Defence struck out' "Plaintiff's notice of motion otherwise dismissed" 'Further orders for costs and case management made']