AM Stevens Nominees Pty Ltd v Australian Red Cross Society [2002] FCA 1287

AM Stevens Nominees Pty Ltd v Australian Red Cross Society [2002] FCA 1287

The applicant's approach to pleading and particularising loss or damage, including the amendment to the pleading and reliance on Dr Ferrier's report, is not so obviously misconceived as to justify striking out the cause of action under the applicable test. The matter should proceed, and the costs of the motion are reserved.

Parties
Applicant: AM Stevens Pty Ltd; First Respondent / First Cross Claimant: Australian Red Cross Society; Second Respondent / Second Cross Claimant: Prank Nominees Pty Ltd (formerly National Capital Properties Pty Ltd); Cross Respondent: Leighton Contractors Pty Ltd
Jurisdiction
Australia
Judgment Date
08 October 2002
Procedural Posture
Interlocutory Motion / Motion to Strike Out Cause of Action
Outcome
motion dismissed
Legal Topics
Motion to Strike Out, Pleading of Loss or Damage, Amendment of Pleading
Practice and Procedure Motion to Strike Out Pleading of Loss or Damage Amendment of Pleading

Case Brief

Summary, issues, holding and outcome

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Parties

AM Stevens Pty Ltd

Applicant

Australian Red Cross Society

First Respondent / First Cross Claimant

Prank Nominees Pty Ltd (formerly National Capital Properties Pty Ltd)

Second Respondent / Second Cross Claimant

Leighton Contractors Pty Ltd

Cross Respondent

Procedural Posture

Interlocutory Motion / Motion to Strike Out Cause of Action

Legal Issues

  1. 1 Whether the cause of action should be struck out for no reasonable cause of action
  2. 2 Whether there is a deficiency in the pleading of loss or damage
  3. 3 Whether further particulars of damages are necessary

Ratio Decidendi

The applicant's approach to pleading and particularising loss or damage, including the amendment to the pleading and reliance on Dr Ferrier's report, is not so obviously misconceived as to justify striking out the cause of action under the applicable test. The matter should proceed, and the costs of the motion are reserved.

Court Disposition

motion dismissed

Orders

  • The motion is dismissed.
  • The costs of the motion are reserved to the disposition of the docket judge.