KC & Ors v Shiley Inc & Anor [1995] FCA 1188

KC & Ors v Shiley Inc & Anor [1995] FCA 1188

The Court found that the respondents did not make good the argument that the statement of claim contains irrelevant material or is embarrassing. The motion to strike out was dismissed and costs awarded to the applicants, with assessment basis to be determined later.

Parties
Applicant: KC; Respondent: Shiley Inc; Respondent: Shiley Inc & Anor
Jurisdiction
Australia
Judgment Date
15 June 1995
Procedural Posture
Motion to Strike Out / Motion Hearing
Outcome
respondents' motion to strike out dismissed; applicants awarded costs
Legal Topics
Strike Out Application, Pleading, Costs, Foreign Law, Damages
Civil Procedure Product Liability Strike Out Application Pleading Costs Foreign Law Damages

Case Brief

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Parties

KC

Applicant

Shiley Inc

Respondent

Shiley Inc & Anor

Respondent

Procedural Posture

Motion to Strike Out / Motion Hearing

Legal Issues

  1. 1 Whether certain paragraphs of the statement of claim and application should be struck out
  2. 2 Whether the statement of claim contains irrelevant or insufficiently particularised allegations
  3. 3 Whether the statement of claim fails to distinguish properly between respondents

Ratio Decidendi

The Court found that the respondents did not make good the argument that the statement of claim contains irrelevant material or is embarrassing. The motion to strike out was dismissed and costs awarded to the applicants, with assessment basis to be determined later.

Court Disposition

respondents' motion to strike out dismissed; applicants awarded costs

Orders

  • Respondents' motion to strike out certain paragraphs of statement of claim and application dismissed.
  • Respondents to pay applicants' costs of the motion, including reserved costs, basis of assessment to be determined.