Zelic v Barisic [2017] NSWSC 909

Zelic v Barisic [2017] NSWSC 909

Because the defence and cross-claim did not comply with the pleading requirements of the Uniform Civil Procedure Rules 2005 (NSW), and because affidavit material did not directly identify the material facts on which Mr and Mrs Barisic's asserted equitable interest depended, Mr Zelic was entitled to particulars identifying the case he had to meet.

Jurisdiction
Australia
Judgment Date
06 July 2017
Procedural Posture
Proceedings for Possession of Real Property With Defence and Cross Claim Asserting an Equitable Interest / Notice of Motion Seeking Orders for Provision of Further Particulars and Other Preparatory Steps
Outcome
Orders sought granted.
Legal Topics
['pleadings' 'request for Further Particulars' 'possession of Real Property' 'equitable Interest']
['civil Procedure' 'real Property' 'equity'] ['pleadings' 'request for Further Particulars' 'possession of Real Property' 'equitable Interest']

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Procedural Posture

Proceedings for Possession of Real Property With Defence and Cross Claim Asserting an Equitable Interest / Notice of Motion Seeking Orders for Provision of Further Particulars and Other Preparatory Steps

Legal Issues

  1. 1 ['Whether Mr and Mrs Barisic should be ordered to provide particulars of their defence and cross-claim.' 'Whether service of affidavit material was a sufficient response to the request for particulars.' 'Whether the defence and cross-claim complied with pleading requirements under the Uniform Civil Procedure Rules 2005 (NSW).']

Ratio Decidendi

Because the defence and cross-claim did not comply with the pleading requirements of the Uniform Civil Procedure Rules 2005 (NSW), and because affidavit material did not directly identify the material facts on which Mr and Mrs Barisic's asserted equitable interest depended, Mr Zelic was entitled to particulars identifying the case he had to meet.

Court Disposition

Orders sought granted.

Orders

  • ['The orders sought must be made.']