Conway v Mercedes-Benz Australia / Pacific Pty Ltd ACN 004 411 410 [2010] FCA 72

Conway v Mercedes-Benz Australia / Pacific Pty Ltd ACN 004 411 410 [2010] FCA 72

The Court held that many of the outstanding requests were not proper requests for particulars or had been answered or abandoned, but particulars should be provided for the location of certain clothing and linen under request 45 and, to promote the overarching purpose of the Rules and early resolution, a statement of particulars of out-of-pocket expenses and the value or cost of items not yet replaced should be filed and served after the defence.

Jurisdiction
Australia
Judgment Date
12 February 2010
Procedural Posture
Claim for Damages Arising Out of the Alleged Combustion of a Motor Vehicle, Including Alleged Breaches of Implied Conditions Under S 71 of the Trade Practices Act 1974 (cth) and NSW Legislation, Negligence and Contract / First Respondent's Notice of Motion Seeking Further and Better Particulars Before Filing Its Defence
Outcome
Motion determined with limited orders for further particulars; each party to bear its own costs.
Legal Topics
['request for Particulars' 'further and Better Particulars' 'distinction Between Particulars and Evidence' 'overarching Purpose of the Federal Court Rules' 'motor Vehicle Fire Damage Claim']
['practice and Procedure' 'consumer Law' 'negligence' 'contract'] ['request for Particulars' 'further and Better Particulars' 'distinction Between Particulars and Evidence' 'overarching Purpose of the Federal Court Rules' 'motor Vehicle Fire Damage Claim']

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Procedural Posture

Claim for Damages Arising Out of the Alleged Combustion of a Motor Vehicle, Including Alleged Breaches of Implied Conditions Under S 71 of the Trade Practices Act 1974 (cth) and NSW Legislation, Negligence and Contract / First Respondent's Notice of Motion Seeking Further and Better Particulars Before Filing Its Defence

Legal Issues

  1. 1 ['Whether the Applicant should be ordered to provide further and better particulars requested by the First Respondent.' 'Whether particular requests sought proper particulars or impermissibly sought evidence or discovery.' 'Whether particulars of damaged goods, their location and value should be provided before the First Respondent filed its defence.']

Ratio Decidendi

The Court held that many of the outstanding requests were not proper requests for particulars or had been answered or abandoned, but particulars should be provided for the location of certain clothing and linen under request 45 and, to promote the overarching purpose of the Rules and early resolution, a statement of particulars of out-of-pocket expenses and the value or cost of items not yet replaced should be filed and served after the defence.

Court Disposition

Motion determined with limited orders for further particulars; each party to bear its own costs.

Orders

  • ['The Applicant provide the outstanding particulars requested in request number 45 within seven days.' 'The First Respondent file and serve its defence within 14 days of the provision of those particulars.' 'The Applicant file and serve a statement of particulars setting out the out-of-pocket expenses incurred as a...