Mineral Resources Limited v Langford [2018] FCA 1532

Mineral Resources Limited v Langford [2018] FCA 1532

The respondent must provide further and better particulars of [21.2] of the defence detailing the identity of processors and producers of lithium in China and/or manufacturers of lithium-based products alleged to hold the view constituting the relevant reputation as regards the applicant's DSO. The particulars already provided regarding product specification requirements and risk of losing customers are sufficient.

Jurisdiction
Australia
Judgment Date
11 October 2018
Procedural Posture
Interlocutory Application / Application for Further and Better Particulars Determined on the Papers
Outcome
Application for further and better particulars granted in part; no order as to costs.
Legal Topics
['further and Better Particulars' 'misleading or Deceptive Conduct' 'australian Consumer Law' 'pleadings']
['practice and Procedure' 'commercial Law' 'corporations Law' 'consumer Protection'] ['further and Better Particulars' 'misleading or Deceptive Conduct' 'australian Consumer Law' 'pleadings']

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Procedural Posture

Interlocutory Application / Application for Further and Better Particulars Determined on the Papers

Legal Issues

  1. 1 ['Whether the respondent must provide further and better particulars of the allegation in [21.2] of the defence regarding reputation among processors and producers' 'Whether particulars concerning the product specification requirements and risk of losing customers are adequate']

Ratio Decidendi

The respondent must provide further and better particulars of [21.2] of the defence detailing the identity of processors and producers of lithium in China and/or manufacturers of lithium-based products alleged to hold the view constituting the relevant reputation as regards the applicant's DSO. The particulars already provided regarding product specification requirements and risk of losing customers are sufficient.

Court Disposition

Application for further and better particulars granted in part; no order as to costs.

Orders

  • ["The respondent provide within 21 days further and better particulars of [21.2] of the defence as requested in the applicant's notice for further and better particulars dated 15 May 2018." 'There be no order as to costs on the interlocutory application dated 15 May 2018.']