Dense Medium Separation Powders Pty Limited trading as DMS Powders v Gondwana Chemicals Pty Ltd & Anor [2010] NSWSC 1309

Dense Medium Separation Powders Pty Limited trading as DMS Powders v Gondwana Chemicals Pty Ltd & Anor [2010] NSWSC 1309

The court granted leave to the plaintiff to further amend its list statement as the allegation was sufficiently particularised or could be remedied by further particulars. Orders for further and better particulars were made in respect of specific paragraphs, and a separate determination of quantum after liability was ordered. The court declined to order further discovery where only speculative evidence suggested undisclosed documents, but indicated such documents should be disclosed if found.

Parties
Plaintiff: Dense Medium Separation Powders Pty Limited trading as DMS Powders; First Defendant: Gondwana Chemicals Pty Limited; Second Defendant: David Maxwell Willetts
Jurisdiction
Australia
Judgment Date
08 October 2010
Procedural Posture
Commercial Dispute / Interlocutory Ruling
Outcome
Plaintiff granted leave to amend list statement; specific orders for further and better particulars made; separate determination of quantum ordered; no discovery order on speculative documents; costs awarded accordingly.
Legal Topics
Amendment of Pleadings, Discovery, Particulars, Separate Determination of Quantum
Civil Procedure Amendment of Pleadings Discovery Particulars Separate Determination of Quantum

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Parties

Dense Medium Separation Powders Pty Limited trading as DMS Powders

Plaintiff

Gondwana Chemicals Pty Limited

First Defendant

David Maxwell Willetts

Second Defendant

Procedural Posture

Commercial Dispute / Interlocutory Ruling

Legal Issues

  1. 1 Whether leave should be granted to further amend the plaintiff's list statement
  2. 2 Whether further discovery should be ordered
  3. 3 Whether further and better particulars should be provided

Ratio Decidendi

The court granted leave to the plaintiff to further amend its list statement as the allegation was sufficiently particularised or could be remedied by further particulars. Orders for further and better particulars were made in respect of specific paragraphs, and a separate determination of quantum after liability was ordered. The court declined to order further discovery where only speculative evidence suggested undisclosed documents, but indicated such documents should be disclosed if found.

Court Disposition

Plaintiff granted leave to amend list statement; specific orders for further and better particulars made; separate determination of quantum ordered; no discovery order on speculative documents; costs awarded accordingly.

Orders

  • Grant leave to the plaintiff to further amend its list statement by specified amendments
  • Defendants to pay the plaintiff's costs of its motion filed 28 September 2010, including half the costs of appearance