Cortis Exhaust Systems Pty Ltd v Kitten Software Pty Ltd & Ors [1998] FCA 1758

Cortis Exhaust Systems Pty Ltd v Kitten Software Pty Ltd & Ors [1998] FCA 1758

Because there had been no meaningful attempt to meet the request for further and better particulars, the pleadings were cast in very wide terms without sufficient detail, and the response relied generally on large volumes of material, the Court ordered full compliance with the request for particulars. Given the history of non-compliance and the broad and unhelpful response, costs were ordered on an indemnity basis.

Jurisdiction
Australia
Judgment Date
21 December 1998
Procedural Posture
Notice of Motion / Application to Strike Out the Applicant's Statement of Claim or Alternatively for Further and Better Particulars, and for Indemnity Costs
Outcome
Motion granted in part; further and better particulars and indemnity costs ordered, with the matter to be re-listed for further consideration.
Legal Topics
['strike Out Application' 'further and Better Particulars' 'pleadings' 'indemnity Costs' 'non Compliance']
['civil Procedure'] ['strike Out Application' 'further and Better Particulars' 'pleadings' 'indemnity Costs' 'non Compliance']

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Procedural Posture

Notice of Motion / Application to Strike Out the Applicant's Statement of Claim or Alternatively for Further and Better Particulars, and for Indemnity Costs

Legal Issues

  1. 1 ["Whether the applicant's statement of claim should be struck out." 'Whether further and better particulars should be ordered.' 'Whether costs should be ordered on an indemnity basis.']

Ratio Decidendi

Because there had been no meaningful attempt to meet the request for further and better particulars, the pleadings were cast in very wide terms without sufficient detail, and the response relied generally on large volumes of material, the Court ordered full compliance with the request for particulars. Given the history of non-compliance and the broad and unhelpful response, costs were ordered on an indemnity basis.

Court Disposition

Motion granted in part; further and better particulars and indemnity costs ordered, with the matter to be re-listed for further consideration.

Orders

  • ['Further and better particulars are to be supplied on or before 29 January 1999 in full compliance with the request set out in the letter of 30 November 1998.' 'The matter is to be re-listed for further consideration before Tamberlin J on 12 February 1999.' 'The applicant on the motion is to have its costs.' 'Those...