FLDC Pty Ltd v Fenlan Pty Limited [2020] NSWDC 271

FLDC Pty Ltd v Fenlan Pty Limited [2020] NSWDC 271

The plaintiff had already provided substantial particulars for each item, sufficient to enable the defence to be filed, while the defendants denied the entirety of the claim and did not concede that any relevant designs fell within any agreement or gave rise to an entitlement to payment. In those circumstances, requiring completion of the Variation Schedule would not narrow or shorten the dispute and would increase costs for no discernible benefit, so the defendants' notice of motion was dismissed.

Jurisdiction
Australia
Judgment Date
08 May 2020
Procedural Posture
Civil Claim for Work and Services Under Two Contracts / Defendants' Notice of Motion Filed 27 March 2020 Seeking Particulars by Completion of a Variation Schedule
Outcome
Defendants' notice of motion dismissed with costs; procedural timetable adjusted.
Legal Topics
['particulars' 'scott Schedule' 'costs of Motion' 'service of Evidence']
['building and Construction' 'civil Procedure'] ['particulars' 'scott Schedule' 'costs of Motion' 'service of Evidence']

Case Brief

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Procedural Posture

Civil Claim for Work and Services Under Two Contracts / Defendants' Notice of Motion Filed 27 March 2020 Seeking Particulars by Completion of a Variation Schedule

Legal Issues

  1. 1 ['Whether the plaintiff should be ordered to particularise and articulate its claim by completing the Variation Schedule.' 'Whether completion of a Variation Schedule would narrow the issues or shorten the dispute where the defendants deny the entirety of the claim.' 'Whether costs of the motion should follow the event.']

Ratio Decidendi

The plaintiff had already provided substantial particulars for each item, sufficient to enable the defence to be filed, while the defendants denied the entirety of the claim and did not concede that any relevant designs fell within any agreement or gave rise to an entitlement to payment. In those circumstances, requiring completion of the Variation Schedule would not narrow or shorten the dispute and would increase costs for no discernible benefit, so the defendants' notice of motion was dismissed.

Court Disposition

Defendants' notice of motion dismissed with costs; procedural timetable adjusted.

Orders

  • ["Dismiss the defendants' notice of motion filed 27 March 2020." "Defendants pay the plaintiff's costs of the motion." 'Vacate status conference listed on 19 May 2020.' 'Plaintiff to serve its evidence by 5 June 2020.' 'Defendants to serve their evidence by 31 July 2020.' 'Plaintiff to serve any evidence in reply by...