Rudenko v Rudenko & Sons Pty Ltd [2019] NSWSC 1368

Rudenko v Rudenko & Sons Pty Ltd [2019] NSWSC 1368

The plaintiff's pleadings and particulars were sufficient to inform the defendants of the case they must meet, and the defendants' request for further and better particulars, as sought in the notice of motion, was neither necessary nor appropriate at this interlocutory stage. The issues complained of were largely matters of evidence or were already within the defendants' own knowledge. Accordingly, the notice of motion was dismissed and the defendants ordered to file and serve their defence.

Parties
Plaintiff: Genady Rudenko; First Defendant: Rudenko & Sons Pty Ltd; Second Defendant: Wolodymyr Rudenko aka Volodia Rudenko
Jurisdiction
Australia
Judgment Date
11 October 2019
Procedural Posture
Notice of Motion / Interlocutory Decision on Notice of Motion for Particulars
Outcome
Defendants' notice of motion dismissed
Legal Topics
Particulars, Pleadings, Uniform Civil Procedure Rules, Case Management
Civil Procedure Particulars Pleadings Uniform Civil Procedure Rules Case Management

Case Brief

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Parties

Genady Rudenko

Plaintiff

Rudenko & Sons Pty Ltd

First Defendant

Wolodymyr Rudenko aka Volodia Rudenko

Second Defendant

Procedural Posture

Notice of Motion / Interlocutory Decision on Notice of Motion for Particulars

Legal Issues

  1. 1 Whether further and better particulars should be ordered under Uniform Civil Procedure Rules 2005 (NSW) r 15.10
  2. 2 Whether pleadings provide sufficient particulars for the defendants to plead and understand the case against them

Ratio Decidendi

The plaintiff's pleadings and particulars were sufficient to inform the defendants of the case they must meet, and the defendants' request for further and better particulars, as sought in the notice of motion, was neither necessary nor appropriate at this interlocutory stage. The issues complained of were largely matters of evidence or were already within the defendants' own knowledge. Accordingly, the notice of motion was dismissed and the defendants ordered to file and serve their defence.

Court Disposition

Defendants' notice of motion dismissed

Orders

  • The defendants' notice of motion filed 19 July 2019 is dismissed.
  • The defendants are to pay the plaintiff's costs on an ordinary basis.