CNIP Pty Ltd v Chan & Naylor Pty Ltd (No 1) [2011] FCA 377

The defence was irregularly filed in breach of the Federal Court Rules, failed to comply with pleading standards, and thus was struck out. Given the improper conduct, indemnity costs were ordered to mark the Court's disapproval.

Jurisdiction: Australia
Judgment Date: 07 April 2011
Procedural Posture: Application to Strike Out Defence / Interlocutory; Determination of Strike Out Application and Directions
Outcome: Defence struck out; leave granted to file amended defence; indemnity costs order against respondents; procedural directions given for further conduct of the matter.
Legal Topics: ['strike Out of Pleadings' 'costs—indemnity Order']

['civil Procedure'] ['strike Out of Pleadings' 'costs—indemnity Order']

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Procedural Posture

Application to Strike Out Defence / Interlocutory; Determination of Strike Out Application and Directions

Legal Issues

1 ['Whether the defence filed by the respondents should be struck out for irregularities and breach of procedural rules' 'Whether indemnity costs should be awarded against the respondents']

Ratio Decidendi

Court Disposition

Defence struck out; leave granted to file amended defence; indemnity costs order against respondents; procedural directions given for further conduct of the matter.

Orders

['The defence filed on 1 March 2011 be struck out.' 'Respondents be granted leave to file an Amended Defence within 14 days.' "Respondents to pay the Applicants' costs of today on an indemnity basis." 'Respondents to file and serve their defence by 20 April 2011.' 'Applicants to file and serve any reply by 27 April...