Donald Laurie v Amaca Pty Ltd and ors (2) [2006] NSWDDT 35

Donald Laurie v Amaca Pty Ltd and ors (2) [2006] NSWDDT 35

The plaintiff was fairly apprised of the defences raised by paragraphs 9, 25 and 26. The particulars sought would require BATAS to disclose evidence or sources by which it might prove its contentions, rather than information necessary to identify the issues or avoid unfair surprise. The pleadings sufficiently disclosed that BATAS disputed the asserted effect of nicotine addiction on conduct and contended that, if any duty existed, Mr Laurie was sufficiently informed of the risks of nicotine addiction and lung cancer to voluntarily accept them.

Jurisdiction
Australia
Judgment Date
28 September 2006
Procedural Posture
Dust Diseases Tribunal Proceedings / Ruling on Plaintiff's Application for Further and Better Particulars of Paragraphs 9, 25 and 26 of the Third Defendant's Defence
Outcome
Application for further and better particulars declined; costs reserved.
Legal Topics
['particulars' 'pleadings' 'tobacco Products' 'nicotine Addiction' 'voluntary Assumption of Risk']
['dust Diseases' 'civil Procedure' 'torts'] ['particulars' 'pleadings' 'tobacco Products' 'nicotine Addiction' 'voluntary Assumption of Risk']

Case Brief

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Procedural Posture

Dust Diseases Tribunal Proceedings / Ruling on Plaintiff's Application for Further and Better Particulars of Paragraphs 9, 25 and 26 of the Third Defendant's Defence

Legal Issues

  1. 1 ['Whether British American Tobacco Australia Services Ltd should provide further and better particulars of paragraph 9 of its defence concerning whether some smokers of tobacco products can find smoking difficult to quit.' "Whether British American Tobacco Australia Services Ltd should provide further and better particulars of paragraphs 25 and 26 of its defence concerning the plaintiff's alleged knowledge of smoking risks and voluntary acceptance of risk." 'Whether the particulars sought required disclosure of the case to be met or impermissibly sought evidence or sources of information.']

Ratio Decidendi

The plaintiff was fairly apprised of the defences raised by paragraphs 9, 25 and 26. The particulars sought would require BATAS to disclose evidence or sources by which it might prove its contentions, rather than information necessary to identify the issues or avoid unfair surprise. The pleadings sufficiently disclosed that BATAS disputed the asserted effect of nicotine addiction on conduct and contended that, if any duty existed, Mr Laurie was sufficiently informed of the risks of nicotine addiction and lung cancer to voluntarily accept them.

Court Disposition

Application for further and better particulars declined; costs reserved.

Orders

  • ['The Tribunal declined to order that BATAS provide further and better particulars of paragraphs 9, 25 and 26 of its defence.' 'The question of costs was reserved.']