ISW v State of New South Wales [2013] NSWSC 1472

ISW v State of New South Wales [2013] NSWSC 1472

The allegations in paragraphs [94](e) and (f) and [100] of the ASC do not adequately particularise the facts, matters and circumstances necessary to inform the second defendant of the case he must meet, particularly regarding claims of false evidence, reckless indifference, exemplary and aggravated damages; accordingly, these paragraphs are liable to be struck out, with leave granted to replead.

Jurisdiction
Australia
Judgment Date
10 October 2013
Procedural Posture
Interlocutory Application / Strike Out Application of Amended Statement of Claim
Outcome
Application partly granted; paragraphs struck out with leave to replead; directions given for further amended statement of claim and subsequent proceedings; costs reserved.
Legal Topics
['requirements of Pleadings' 'striking Out Pleadings' 'particularisation of Damages']
['civil Procedure'] ['requirements of Pleadings' 'striking Out Pleadings' 'particularisation of Damages']

Case Brief

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Procedural Posture

Interlocutory Application / Strike Out Application of Amended Statement of Claim

Legal Issues

  1. 1 ['Whether paragraphs of the amended statement of claim should be struck out for lack of specificity or embarrassment' 'Whether allegations of reckless indifference and false evidence are sufficiently particularised' 'Whether the claim for exemplary and aggravated damages is adequately particularised']

Ratio Decidendi

The allegations in paragraphs [94](e) and (f) and [100] of the ASC do not adequately particularise the facts, matters and circumstances necessary to inform the second defendant of the case he must meet, particularly regarding claims of false evidence, reckless indifference, exemplary and aggravated damages; accordingly, these paragraphs are liable to be struck out, with leave granted to replead.

Court Disposition

Application partly granted; paragraphs struck out with leave to replead; directions given for further amended statement of claim and subsequent proceedings; costs reserved.

Orders

  • ['Paragraphs [33], [70], [81], [85](a) and (d), [94](e) and (f) and [100] of the amended statement of claim are struck out.' 'Paragraphs [33], [70], [81], [85](a) and (d), [94](e) and (f) and [100] to be repleaded in a further amended statement of claim, to be filed and served by 14 November 2013.' 'Balance of the...