Leighton Contractors Pty Limited v Australian Mutual Provident Society and Another [2001] NSWSC 390

Leighton Contractors Pty Limited v Australian Mutual Provident Society and Another [2001] NSWSC 390

The court deferred the determination of whether further particulars or costs orders should be made until after the plaintiff had filed its evidence, as the appropriateness of such orders would be clearer at that time.

Parties
Plaintiff: Leighton Contractors Pty Limited; First Defendant: Australian Mutual Provident Society; Second Defendant: AMP Life Limited
Jurisdiction
Australia
Judgment Date
04 May 2001
Procedural Posture
Civil / Interlocutory Motion—directions and Particulars
Outcome
Motion to provide particulars stood over.
Legal Topics
Particulars of Claim, Directions, Summary of Variation Claims, Costs for Interlocutory Applications
Practice and Procedure Construction Law Particulars of Claim Directions Summary of Variation Claims Costs for Interlocutory Applications

Case Brief

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Parties

Leighton Contractors Pty Limited

Plaintiff

Australian Mutual Provident Society

First Defendant

AMP Life Limited

Second Defendant

Procedural Posture

Civil / Interlocutory Motion—directions and Particulars

Legal Issues

  1. 1 Whether the plaintiff should be ordered to provide further and better particulars of variation claims before serving its evidence
  2. 2 Whether an order for costs thrown away should be made due to plaintiff’s changes in particulars

Ratio Decidendi

The court deferred the determination of whether further particulars or costs orders should be made until after the plaintiff had filed its evidence, as the appropriateness of such orders would be clearer at that time.

Court Disposition

Motion to provide particulars stood over.

Orders

  • Plaintiff to file and serve evidence by 16 August 2001.
  • Mutual discovery by 11 June 2001.