Allianz Australia Insurance Ltd v Newcastle Formwork Constructions Pty Ltd [2007] NSWCA 144
Although the opponent was obliged to provide particulars so that the claimant would know the case to be met in relation to damages the worker would have obtained, the request for particulars was excessive and went beyond what was necessary; no appealable error occurred in declining to order provision.
- Jurisdiction
- Australia
- Judgment Date
- 25 June 2007
- Procedural Posture
- Application for Leave to Appeal / Court of Appeal, Application for Leave to Appeal
- Outcome
- Summons for leave to appeal dismissed
- Legal Topics
- ['particulars in Pleadings' 'indemnity Under Workers Compensation Act' 'provision of Particulars' 'case Management']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Leave to Appeal / Court of Appeal, Application for Leave to Appeal
Legal Issues
- 1 ['Whether the opponent was obliged to provide particulars in a claim for indemnity under s 151Z(1)(d) of the Workers Compensation Act 1987' 'Whether the judge erred in declining to order provision of particulars' 'Whether the request for particulars was excessive']
Ratio Decidendi
Although the opponent was obliged to provide particulars so that the claimant would know the case to be met in relation to damages the worker would have obtained, the request for particulars was excessive and went beyond what was necessary; no appealable error occurred in declining to order provision.
Court Disposition
Summons for leave to appeal dismissed
Orders
- ["Claimant to pay opponent's costs"]
Full Case Text
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