Anema E Core Pty Ltd & Ors v Aromas Pty Ltd & Ors [1998] FCA 381

The respondents, having pleaded that they had reasonable grounds for representations as to future matters, must particularise those reasonable grounds in order to inform the applicants of the case they have to meet and to avoid surprise at trial.

Jurisdiction: Australia
Judgment Date: 18 March 1998
Procedural Posture: Interlocutory Motion / Ruling on Application for Particulars/strike Out
Outcome: Application granted. Respondents ordered to give particulars of reasonable grounds for the representations as to future matters.
Legal Topics: ['pleading Particulars' 'misrepresentation' 'misleading or Deceptive Conduct' 'pleading of Affirmative Defence' 'reasonable Grounds for Representation as to Future Matters']

['commercial Law' 'civil Procedure' 'trade Practices'] ['pleading Particulars' 'misrepresentation' 'misleading or Deceptive Conduct' 'pleading of Affirmative Defence' 'reasonable Grounds for Representation as to Future Matters']

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Procedural Posture

Interlocutory Motion / Ruling on Application for Particulars/strike Out

Legal Issues

1 ['Whether the respondents are required to provide particulars of reasonable grounds for representations as to future matters pleaded in their defence' 'Whether paragraph 21 of the amended defence is embarrassing and fails to disclose a basis for defence']

Ratio Decidendi

Court Disposition

Application granted. Respondents ordered to give particulars of reasonable grounds for the representations as to future matters.

Orders

["The respondents pay the applicants' costs of the motion, to be taxed if not agreed."]