Bitekiteku & Ors v P & ND & Ors [2002] NSWIRComm 83

Bitekiteku & Ors v P & ND & Ors [2002] NSWIRComm 83

The applicants were ordered to provide further and better particulars in respect of specified paragraphs of their amended summons, as the particulars currently provided were open-ended and insufficient for the third respondent to understand and respond to the case it must meet. The guiding principles come from the authorities on particulars which require particulars to be sufficiently clear on material facts but not on evidence, and that the degree of particularity depends on the nature of the case.

Parties
First Applicant / Respondent on Notice of Motion: Bitekiteku Pty Ltd; Second Applicant / Respondent on Notice of Motion: Stephen James Colwell; Second Applicant / Respondent on Notice of Motion: Kim Joy Colwell; Third Respondent / Applicant on Notice of Motion: Pure & Natural Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
24 April 2002
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Notice of Motion for Further and Better Particulars
Outcome
Further and better particulars ordered
Legal Topics
Practice and Procedure, Particulars, Unfair Contracts, Franchise Agreements
Industrial Law Practice and Procedure Particulars Unfair Contracts Franchise Agreements

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Parties

Bitekiteku Pty Ltd

First Applicant / Respondent on Notice of Motion

Stephen James Colwell

Second Applicant / Respondent on Notice of Motion

Kim Joy Colwell

Second Applicant / Respondent on Notice of Motion

Pure & Natural Australia Pty Ltd

Third Respondent / Applicant on Notice of Motion

Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Notice of Motion for Further and Better Particulars

Legal Issues

  1. 1 Whether further and better particulars should be ordered in respect of the applicants' amended summons seeking relief under s 106 of the Industrial Relations Act 1996
  2. 2 Principles guiding orders for particulars in proceedings of this kind

Ratio Decidendi

The applicants were ordered to provide further and better particulars in respect of specified paragraphs of their amended summons, as the particulars currently provided were open-ended and insufficient for the third respondent to understand and respond to the case it must meet. The guiding principles come from the authorities on particulars which require particulars to be sufficiently clear on material facts but not on evidence, and that the degree of particularity depends on the nature of the case.

Court Disposition

Further and better particulars ordered

Orders

  • The applicants shall provide the further particulars required by this judgment to the third respondent within 14 days of today, subject to the need to supplement any particulars following discovery.
  • Costs are reserved.