Kyle Bay Holdings Pty Ltd & Ors v Commercial & General Acceptances Pty Ltd & Anor [1996] FCA 637

Kyle Bay Holdings Pty Ltd & Ors v Commercial & General Acceptances Pty Ltd & Anor [1996] FCA 637

No basis for strike-out is established as the applicants are not prejudiced and are aware of the material issues they must address. The first respondent cannot be penalised for inability to particularise where knowledge rests with a separate party.

Jurisdiction
Australia
Judgment Date
23 July 1996
Procedural Posture
Interlocutory Motion / Application to Strike Out Parts of Defence
Outcome
Application for strike-out dismissed.
Legal Topics
['striking Out Pleadings' 'particulars of Defence' 'prejudice and Embarrassment in Pleadings']
['civil Procedure'] ['striking Out Pleadings' 'particulars of Defence' 'prejudice and Embarrassment in Pleadings']

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Procedural Posture

Interlocutory Motion / Application to Strike Out Parts of Defence

Legal Issues

  1. 1 ['Whether failure to provide particulars (whether agreements written or oral, substance of conversations, identification of individuals and location) justifies striking out parts of the defence' 'Whether it is appropriate to rely on inability to better particularise in the circumstances']

Ratio Decidendi

No basis for strike-out is established as the applicants are not prejudiced and are aware of the material issues they must address. The first respondent cannot be penalised for inability to particularise where knowledge rests with a separate party.

Court Disposition

Application for strike-out dismissed.

Orders

  • ["The applicants' motion filed on 19 June 1996 be dismissed." 'The applicants pay the costs of the first respondent on the motion.']