Knauf Plasterboard Pty Limited v S Banovic Holdings Pty Limited [2018] NSWSC 693

Knauf Plasterboard Pty Limited v S Banovic Holdings Pty Limited [2018] NSWSC 693

The defendants’ repeated failure to provide particulars in accordance with both requests and court directions amounted to a lack of due despatch in conducting their defence, warranting the striking out of the defence under UCPR r 12.7.

Jurisdiction
Australia
Judgment Date
16 May 2018
Procedural Posture
Civil / Interlocutory Application—striking Out Defence
Outcome
Defendants' defence struck out; defendants to pay plaintiff's costs of the notice of motion.
Legal Topics
['striking Out Pleadings' 'failure to Provide Particulars' 'costs']
['practice and Procedure'] ['striking Out Pleadings' 'failure to Provide Particulars' 'costs']

Case Brief

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Procedural Posture

Civil / Interlocutory Application—striking Out Defence

Legal Issues

  1. 1 ['Whether the defendants failed to conduct the defence with due despatch under UCPR r 12.7' 'Whether the defendants’ defence should be struck out for failure to provide particulars as directed by the Court']

Ratio Decidendi

The defendants’ repeated failure to provide particulars in accordance with both requests and court directions amounted to a lack of due despatch in conducting their defence, warranting the striking out of the defence under UCPR r 12.7.

Court Disposition

Defendants' defence struck out; defendants to pay plaintiff's costs of the notice of motion.

Orders

  • ['Order, pursuant to Uniform Civil Procedure Rules 2005 (NSW) r 12.7, that the defence filed on 18 December 2017 be struck out.' "Order the defendants to pay the plaintiff's costs of the notice of motion."]