Pyropanel Developments P/L & Anor v. Adelaide Fire Doors P/L & Ors [1994] FCA 897

Pyropanel Developments P/L & Anor v. Adelaide Fire Doors P/L & Ors [1994] FCA 897

Applicants are required to provide further and better particulars of facts, matters, and circumstances pleaded in the specified paragraphs of their amended statement of claim, as the particulars provided were insufficient in relation to key allegations regarding publication, distribution, representations, knowledge, and calculation of damages.

Parties
First Applicant: Pyropanel Developments Pty Limited; Second Applicant: Ausco Firestop Pty Limited; First Respondent: Adelaide Fire Doors Pty Limited; Second Respondent: Allied Fire Protection Systems (Australia) Pty Limited; Third Respondent: Gary Somerville; Fourth Respondent: Jane Adele Robertson; Fifth Respondent: Paul Robertson
Jurisdiction
Australia
Judgment Date
16 November 1994
Procedural Posture
Request for Further and Better Particulars / Ruling on Notice of Motion Regarding Particulars
Outcome
Applicants ordered to provide further and better particulars; applicants to pay one half of respondents' costs of the motion.
Legal Topics
Particulars, Pleading, Trade Practices Act S 52, Misleading or Deceptive Conduct
Practice and Procedure Particulars Pleading Trade Practices Act S 52 Misleading or Deceptive Conduct

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Parties

Pyropanel Developments Pty Limited

First Applicant

Ausco Firestop Pty Limited

Second Applicant

Adelaide Fire Doors Pty Limited

First Respondent

Allied Fire Protection Systems (Australia) Pty Limited

Second Respondent

Gary Somerville

Third Respondent

Jane Adele Robertson

Fourth Respondent

Paul Robertson

Fifth Respondent

Procedural Posture

Request for Further and Better Particulars / Ruling on Notice of Motion Regarding Particulars

Legal Issues

  1. 1 Adequacy of particulars regarding claims of misleading or deceptive conduct
  2. 2 Particularisation of allegations regarding publication, distribution, and representations
  3. 3 Entitlement to particulars of an individual's knowledge or awareness

Ratio Decidendi

Applicants are required to provide further and better particulars of facts, matters, and circumstances pleaded in the specified paragraphs of their amended statement of claim, as the particulars provided were insufficient in relation to key allegations regarding publication, distribution, representations, knowledge, and calculation of damages.

Court Disposition

Applicants ordered to provide further and better particulars; applicants to pay one half of respondents' costs of the motion.

Orders

  • Applicants to provide proper particulars of facts, matters, and circumstances pleaded in specified paragraphs of amended statement of claim in conformity with relevant paragraphs of the request for particulars and reasons for judgment.
  • Applicants to pay one half of respondents' costs of the motion filed 3 November 1994.