Wormleaton v Bluescope Steel (AIS) Pty Ltd [2013] NSWSC 2047

Wormleaton v Bluescope Steel (AIS) Pty Ltd [2013] NSWSC 2047

The first defendant's pleadings do not amount to an abuse of process and ought not be struck out, but directions should be made under s 61 of the Civil Procedure Act to require the first defendant to file a defence and particularise the basis for any continued denials of specific paragraphs.

Jurisdiction
Australia
Judgment Date
03 May 2013
Procedural Posture
Interlocutory Application / Ruling on Amended Notice of Motion to Strike Out Paragraphs of Defence
Outcome
Application to strike out defence refused; procedural directions made under s 61.
Legal Topics
['pleadings' 'abuse of Process' 'directions Hearings']
['civil Procedure' 'tort Law'] ['pleadings' 'abuse of Process' 'directions Hearings']

Case Brief

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Procedural Posture

Interlocutory Application / Ruling on Amended Notice of Motion to Strike Out Paragraphs of Defence

Legal Issues

  1. 1 ["Whether paragraphs 9 and 10 of the first defendant's defence should be struck out as an abuse of process under UCPR pt 14 r 28 and Civil Procedure Act 2005 s 56." 'Whether the first defendant should be required to particularise denials in its defence.']

Ratio Decidendi

The first defendant's pleadings do not amount to an abuse of process and ought not be struck out, but directions should be made under s 61 of the Civil Procedure Act to require the first defendant to file a defence and particularise the basis for any continued denials of specific paragraphs.

Court Disposition

Application to strike out defence refused; procedural directions made under s 61.

Orders

  • ['Direct the first defendant to file a defence to the amended statement of claim, filed 23 March 2012, within fourteen days.' 'To the extent the defence continues to deny paragraphs 9, 10, 11 or 12 of the amended statement of claim, the first defendant shall provide particulars as to the basis for such denials.'...