Father Evans v State of NSW [2007] NSWSC 955

Father Evans v State of NSW [2007] NSWSC 955

The plaintiff is required to provide further and better particulars of specific allegations of negligence (relating to failure to warn, precautions, and removal of property) as current particulars are insufficient for the first defendant to understand the alleged causal connection between the lack of warning or advice and the damage claimed. Other requests for particulars are adequately answered or are improper requests for evidence rather than particulars.

Jurisdiction
Australia
Judgment Date
30 August 2007
Procedural Posture
Civil / Interlocutory Application for Further and Better Particulars
Outcome
Orders for further and better particulars granted in part; balance of amended notice of motion dismissed.
Legal Topics
['negligence' 'breach of Statutory Duty' 'particulars of Pleadings' 'causation' 'bushfire Liability']
['tort Law' 'civil Procedure'] ['negligence' 'breach of Statutory Duty' 'particulars of Pleadings' 'causation' 'bushfire Liability']

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Procedural Posture

Civil / Interlocutory Application for Further and Better Particulars

Legal Issues

  1. 1 ['Whether the plaintiff has sufficiently particularised the claims of negligence and breach of statutory duty' 'Whether further and better particulars are needed for the defendants to understand and plead to the case' 'Whether the absence of expert evidence supports striking out certain claims' "What facts or steps are required to establish causation between the alleged failure to warn and the plaintiff's loss"]

Ratio Decidendi

The plaintiff is required to provide further and better particulars of specific allegations of negligence (relating to failure to warn, precautions, and removal of property) as current particulars are insufficient for the first defendant to understand the alleged causal connection between the lack of warning or advice and the damage claimed. Other requests for particulars are adequately answered or are improper requests for evidence rather than particulars.

Court Disposition

Orders for further and better particulars granted in part; balance of amended notice of motion dismissed.

Orders

  • ["The plaintiff is to provide answers to the first defendant's requests for further and better particulars of paragraphs 43(b)(ii); 43(c)(i)&(ii) and 45(d) of the FASOC in answer to requests Y6, 15, 18; Z3(a)-(b) 7[3(a)-(b)], 8[3(a)-(b)]; Z5, 7[5], 8[5] and BN4(a)-(b) within six weeks of today's date." "Any...