BWK Elders (Australia) Pty Ltd v Westgate Wool Company Pty Ltd (No.5) [2002] FCA 794

BWK Elders (Australia) Pty Ltd v Westgate Wool Company Pty Ltd (No.5) [2002] FCA 794

Except for certain specified paragraphs requiring clarification (as to which documents contain which contractual terms and the provision of an expert report regarding interest claimed), the existing particulars are adequate and no further order will be made for additional particulars. The pleadings sufficiently inform the respondents of the case they must meet at trial.

Jurisdiction
Australia
Judgment Date
03 July 2002
Procedural Posture
Application for Further and Better Particulars / Interlocutory Decision on Pleadings
Outcome
Partially granted and otherwise refused. Limited orders made for provision of further particulars regarding certain contract terms and expert evidence on interest; all other requests refused.
Legal Topics
['pleadings' 'particulars' 'contractual Claims' 'misrepresentation' 'fraud' 'damages']
['civil Procedure'] ['pleadings' 'particulars' 'contractual Claims' 'misrepresentation' 'fraud' 'damages']

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Procedural Posture

Application for Further and Better Particulars / Interlocutory Decision on Pleadings

Legal Issues

  1. 1 ['Whether further and better particulars of the Further Amended Statement of Claim are required to be provided' 'Adequacy of existing pleadings in defining the case and issues to be tried' 'Whether particulars provided are sufficient for the respondents to know the case they must meet']

Ratio Decidendi

Except for certain specified paragraphs requiring clarification (as to which documents contain which contractual terms and the provision of an expert report regarding interest claimed), the existing particulars are adequate and no further order will be made for additional particulars. The pleadings sufficiently inform the respondents of the case they must meet at trial.

Court Disposition

Partially granted and otherwise refused. Limited orders made for provision of further particulars regarding certain contract terms and expert evidence on interest; all other requests refused.

Orders

  • ['Order that the applicant provide to the respondents further and better particulars of paragraphs 12B.1, 27B.1, 42B.1, 57B.1, 68B.1 and 80B.1 of the FASC within 14 days, to be provided by correspondence.' 'Order that particulars of paragraph 90.2 of the FASC (compound interest) be provided at least in the first...