Fullerton, I & Anor v Farmers Tractors Australia Pty Ltd & Ors [1988] FCA 467

Fullerton, I & Anor v Farmers Tractors Australia Pty Ltd & Ors [1988] FCA 467

The court held that the applicants were entitled to further and better particulars of the defence regarding the appointment as director, proposal terms, and alleged waiver of the account requirement, limiting the scope where appropriate to clarify the issues for trial.

Jurisdiction
Australia
Judgment Date
12 August 1988
Procedural Posture
Civil / Interlocutory Orders Regarding Further and Better Particulars of Defence
Outcome
Orders made requiring respondents to provide answers and further and better particulars to specified questions by set dates, with costs awarded to applicants.
Legal Topics
['misrepresentation' 'misleading or Deceptive Conduct' 'contractual Breach' 'equitable Damages' 'negligence']
['commercial Law' 'trade Practices'] ['misrepresentation' 'misleading or Deceptive Conduct' 'contractual Breach' 'equitable Damages' 'negligence']

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Procedural Posture

Civil / Interlocutory Orders Regarding Further and Better Particulars of Defence

Legal Issues

  1. 1 ["Whether respondents' defence requires provision of further and better particulars in relation to certain questions." "Adequacy of respondents' pleadings regarding appointment of Fullerton as director, negotiation proposals, and alleged waiver of account requirement."]

Ratio Decidendi

The court held that the applicants were entitled to further and better particulars of the defence regarding the appointment as director, proposal terms, and alleged waiver of the account requirement, limiting the scope where appropriate to clarify the issues for trial.

Court Disposition

Orders made requiring respondents to provide answers and further and better particulars to specified questions by set dates, with costs awarded to applicants.

Orders

  • ['Applicants granted leave to interrogate in terms of amended minute filed on 11 August 1988.' "Respondents to file and deliver answers to applicants' interrogatories on or before 2 September 1988." "Respondents to file and deliver further and better particulars of defence to questions 5(a), 5(b) (as to date and...