Al-Shennag v Statewide Roads Limited & Anor [2010] NSWSC 760

Al-Shennag v Statewide Roads Limited & Anor [2010] NSWSC 760

The defendant is required to answer certain requests for particulars where the defence had failed to adequately inform the plaintiff of the case to be met, specifically in relation to mitigation of damages and the circumstances supporting certain defences. However, no further particulars are required when the requests are irrelevant, immaterial to the issues remaining in the proceedings, or improperly seek evidence rather than particulars.

Jurisdiction
Australia
Judgment Date
09 July 2010
Procedural Posture
Defamation / Procedural Application for Further and Better Particulars of Defence
Outcome
Orders made for defendant to provide further and better particulars as specified.
Legal Topics
['adequacy of Particulars' 'defences to Defamation' 'qualified Privilege' 'mitigation of Damages']
['defamation' 'civil Procedure'] ['adequacy of Particulars' 'defences to Defamation' 'qualified Privilege' 'mitigation of Damages']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation / Procedural Application for Further and Better Particulars of Defence

Legal Issues

  1. 1 ['Whether the defendant is required to provide further and better particulars of the defence' 'Adequacy of particulars provided for defences including qualified privilege, mitigation, and consent']

Ratio Decidendi

The defendant is required to answer certain requests for particulars where the defence had failed to adequately inform the plaintiff of the case to be met, specifically in relation to mitigation of damages and the circumstances supporting certain defences. However, no further particulars are required when the requests are irrelevant, immaterial to the issues remaining in the proceedings, or improperly seek evidence rather than particulars.

Court Disposition

Orders made for defendant to provide further and better particulars as specified.

Orders

  • ["The defendant is to answer paragraph 11.1 of the plaintiff's third request for further and better particulars dated 10 May 2010." 'The defendant is to provide the further and better particulars of paragraphs 16(d) and (e) of the defence identified in paragraph 50 of this judgment.' 'The defendant is to provide the...