Donaldson v Lion Nathan Pty Ltd [2017] NSWSC 926

Donaldson v Lion Nathan Pty Ltd [2017] NSWSC 926

The plaintiff is not required to supply further particulars sought by the third defendant regarding the physical cause/mechanism of her fall, as she has provided the best particulars available due to the trauma and lack of further recollection. As to particulars regarding defect allegations, an expert report was yet to be served and thus supplying further particulars was premature. Therefore, the notice of motion seeking further particulars was dismissed.

Jurisdiction
Australia
Judgment Date
12 July 2016
Procedural Posture
Notice of Motion—interlocutory Application / Ruling on Notice of Motion for Further Particulars
Outcome
Third defendant's notice of motion dismissed; third defendant to pay plaintiff's costs of the notice of motion.
Legal Topics
['pleadings' 'particulars' 'negligence' 'costs']
['civil Procedure' 'personal Injury'] ['pleadings' 'particulars' 'negligence' 'costs']

Case Brief

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Procedural Posture

Notice of Motion—interlocutory Application / Ruling on Notice of Motion for Further Particulars

Legal Issues

  1. 1 ['Whether the plaintiff should be ordered to provide further and better particulars of her pleadings relating to her fall and negligence allegations against the third defendant.']

Ratio Decidendi

The plaintiff is not required to supply further particulars sought by the third defendant regarding the physical cause/mechanism of her fall, as she has provided the best particulars available due to the trauma and lack of further recollection. As to particulars regarding defect allegations, an expert report was yet to be served and thus supplying further particulars was premature. Therefore, the notice of motion seeking further particulars was dismissed.

Court Disposition

Third defendant's notice of motion dismissed; third defendant to pay plaintiff's costs of the notice of motion.

Orders

  • ["The third defendant's notice of motion filed 6 June 2017 is dismissed." "The third defendant is to pay the plaintiff's costs of the notice of motion filed 6 June 2017."]