Shea v TruEnergy Services Pty Ltd (No 2) [2013] FCA 796

Shea v TruEnergy Services Pty Ltd (No 2) [2013] FCA 796

Further and better particulars of the applicant's alleged loss and damage were required to clarify the approximate quantum and term of claimed damages, as the respondent was entitled to this information to properly prepare for trial and settlement negotiations; formulas alone without indication of duration or amount did not provide fair notice of the case to be met.

Jurisdiction
Australia
Judgment Date
18 July 2013
Procedural Posture
Interlocutory Application / Post Pleadings, Pre Trial, Ruling on Particulars and Discovery
Outcome
Application for further particulars granted in part; order for filing and service of further and better particulars; application for further discovery adjourned sine die; no order as to costs.
Legal Topics
['adverse Action' 'dismissal' 'workplace Rights' 'particulars of Damages' 'discovery']
['employment Law' 'civil Procedure'] ['adverse Action' 'dismissal' 'workplace Rights' 'particulars of Damages' 'discovery']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Post Pleadings, Pre Trial, Ruling on Particulars and Discovery

Legal Issues

  1. 1 ['Adequacy of particulars regarding loss and damage under Fair Work Act claim' 'Entitlement to further and better particulars of damages' 'Need for clarity in quantum and calculation of damages prior to trial' 'Requirement for clear pleading of alleged reputational and career damages']

Ratio Decidendi

Further and better particulars of the applicant's alleged loss and damage were required to clarify the approximate quantum and term of claimed damages, as the respondent was entitled to this information to properly prepare for trial and settlement negotiations; formulas alone without indication of duration or amount did not provide fair notice of the case to be met.

Court Disposition

Application for further particulars granted in part; order for filing and service of further and better particulars; application for further discovery adjourned sine die; no order as to costs.

Orders

  • ["By 4:00 pm on 26 July 2013, the applicant is to file and serve further and better particulars of her loss and damage addressing the Court's concerns." 'The hearing on order two of the interlocutory application dated 12 July 2013 is adjourned sine die.' 'No order as to costs.']