Kone Elevators Pty Ltd v Elex Pty Ltd [2000] FCA 711

Kone Elevators Pty Ltd v Elex Pty Ltd [2000] FCA 711

The applicant is required to provide further particulars specifying the precise words in the first and second letters constituting the alleged defamatory imputations, particulars of the facts alleged to demonstrate the falsity of each representation, and proper particulars of its claim for damages, as the permissive wording of O 11 r 4 does not relieve the party from pleading material facts necessary for procedural fairness in defamation and misleading conduct claims.

Parties
Applicant: Kone Elevators Pty Ltd; First Respondent: Elex Pty Limited; Second Respondent: Warren Darley
Jurisdiction
Australia
Judgment Date
30 May 2000
Procedural Posture
Interlocutory Application for Particulars / Pre Trial Order on Pleadings and Particulars
Outcome
Applicant directed to provide further particulars on pleaded claims for defamation, falsity of representations, and damages.
Legal Topics
Pleadings, Particulars, Misleading or Deceptive Conduct, Damages, Injurious Falsehood
Defamation Trade Practices Civil Procedure Pleadings Particulars Misleading or Deceptive Conduct Damages Injurious Falsehood

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Parties

Kone Elevators Pty Ltd

Applicant

Elex Pty Limited

First Respondent

Warren Darley

Second Respondent

Procedural Posture

Interlocutory Application for Particulars / Pre Trial Order on Pleadings and Particulars

Legal Issues

  1. 1 Whether it is necessary to plead the precise words alleged to constitute defamatory imputation
  2. 2 Whether Federal Court Rules O 11 r 4 relieves a party from pleading precise words in defamation proceedings
  3. 3 Adequacy of particulars in claims for misleading or deceptive conduct, defamation, and injurious falsehood

Ratio Decidendi

The applicant is required to provide further particulars specifying the precise words in the first and second letters constituting the alleged defamatory imputations, particulars of the facts alleged to demonstrate the falsity of each representation, and proper particulars of its claim for damages, as the permissive wording of O 11 r 4 does not relieve the party from pleading material facts necessary for procedural fairness in defamation and misleading conduct claims.

Court Disposition

Applicant directed to provide further particulars on pleaded claims for defamation, falsity of representations, and damages.

Orders

  • The applicant file and serve particulars setting out the precise words in each of the first letter and the second letter which give rise to each of the defamatory allegations contained in par 23 of the Statement of Claim.
  • The applicant file and serve particulars of pars 17 and 27 of the Statement Claim, setting out with respect to each of the representations, the facts by reason of which it is alleged that each of the representations is false.