Commissioner of Fair Trading v Kent Publishing Pty Ltd [2007] NSWSC 591

Commissioner of Fair Trading v Kent Publishing Pty Ltd [2007] NSWSC 591

The defendants did not have adequate knowledge of what the plaintiff alleged were the facts relevant to the pleaded case they had to meet. The plaintiff's general reference to extensive affidavit evidence did not sufficiently identify the facts alleged for each allegation, including assertions fundamental to establishing a contravention of the Trade Practices Act 1974 (Cth).

Jurisdiction
Australia
Judgment Date
08 June 2007
Procedural Posture
Civil Procedure Request for Further Particulars / Defendants' Notice of Motion Seeking Further and Better Particulars of the Statement of Claim
Outcome
Defendants' motion granted; plaintiff ordered to provide further and better particulars and pay the defendants' costs of the motion.
Legal Topics
['request for Further and Better Particulars' 'pleadings' 'adequate Notice of Case to Be Met' 'trade Practices Act Contraventions']
['civil Procedure'] ['request for Further and Better Particulars' 'pleadings' 'adequate Notice of Case to Be Met' 'trade Practices Act Contraventions']

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Procedural Posture

Civil Procedure Request for Further Particulars / Defendants' Notice of Motion Seeking Further and Better Particulars of the Statement of Claim

Legal Issues

  1. 1 ["Whether the plaintiff should be ordered to provide answers to the defendants' request for further and better particulars dated 14 February 2007." "Whether the plaintiff's general reference to extensive affidavit evidence was a sufficient response to requests for particulars."]

Ratio Decidendi

The defendants did not have adequate knowledge of what the plaintiff alleged were the facts relevant to the pleaded case they had to meet. The plaintiff's general reference to extensive affidavit evidence did not sufficiently identify the facts alleged for each allegation, including assertions fundamental to establishing a contravention of the Trade Practices Act 1974 (Cth).

Court Disposition

Defendants' motion granted; plaintiff ordered to provide further and better particulars and pay the defendants' costs of the motion.

Orders

  • ["The plaintiff is to provide answers to the defendants' request for further and better particulars dated 14 February 2007 within 21 days." "The plaintiff is to pay the defendants' costs of this motion."]