Bond Corporation Pty Ltd v Thiess Contractors Pty Ltd & Anor [1987] FCA 206

Bond Corporation Pty Ltd v Thiess Contractors Pty Ltd & Anor [1987] FCA 206

The Court declined to strike out most challenged paragraphs of the amended statement of claim, finding them relevant or otherwise harmless, and granted leave to the applicant to amend specified paragraphs to clarify allegations of falsity and capacity, as well as to particularise the alleged fraudulent representations including the approximate time. Orders for further particulars prior to delivery of the defence were refused at this stage.

Parties
Applicant: Bond Corporation Pty Ltd; First Respondent: Thiess Contractors Pty Ltd; Second Respondents: Ove Arup Pty Ltd, Arup Partners Pty Ltd and Ove Arup Consultants Pty Ltd
Jurisdiction
Australia
Judgment Date
29 April 1987
Procedural Posture
Civil / Interlocutory Motion for Strike Out/amendment Orders
Outcome
Interlocutory orders granting leave to amend, refusing strike out and particulars orders except as specified.
Legal Topics
Strike Out Applications, Pleading Amendments, Misleading or Deceptive Conduct, Fraud Pleading, Particulars of Pleadings
Civil Procedure Contract Law Trade Practices Strike Out Applications Pleading Amendments Misleading or Deceptive Conduct Fraud Pleading Particulars of Pleadings

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Parties

Bond Corporation Pty Ltd

Applicant

Thiess Contractors Pty Ltd

First Respondent

Ove Arup Pty Ltd, Arup Partners Pty Ltd and Ove Arup Consultants Pty Ltd

Second Respondents

Procedural Posture

Civil / Interlocutory Motion for Strike Out/amendment Orders

Legal Issues

  1. 1 Whether specified paragraphs of the amended statement of claim should be struck out for prejudice, embarrassment, or delay; Whether further particulars should be ordered in relation to allegations of misleading conduct and fraud; Whether leave should be granted to the applicant to amend the statement of claim

Ratio Decidendi

The Court declined to strike out most challenged paragraphs of the amended statement of claim, finding them relevant or otherwise harmless, and granted leave to the applicant to amend specified paragraphs to clarify allegations of falsity and capacity, as well as to particularise the alleged fraudulent representations including the approximate time. Orders for further particulars prior to delivery of the defence were refused at this stage.

Court Disposition

Interlocutory orders granting leave to amend, refusing strike out and particulars orders except as specified.

Orders

  • The applicant to file and deliver a further amended statement of claim by 7 May 1987 clarifying specified paragraphs (22, 27, 26) as directed.
  • The applicant otherwise has leave to amend generally.