Mohareb v Jankulovski [2014] NSWSC 767

Mohareb v Jankulovski [2014] NSWSC 767

The defendants were sufficiently able to plead a defence based on the particulars given, especially as particulars relating to 'knowledge' do not require further facts under Rule 15.4. The application for further and better particulars was therefore refused.

Jurisdiction
Australia
Judgment Date
06 June 2014
Procedural Posture
Interlocutory Application / Application for Order for Further and Better Particulars of Claim for Aggravated Damages
Outcome
Application for order for further and better particulars refused
Legal Topics
['pleading and Particulars' 'aggravated Damages' 'application for Further and Better Particulars']
['defamation'] ['pleading and Particulars' 'aggravated Damages' 'application for Further and Better Particulars']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Order for Further and Better Particulars of Claim for Aggravated Damages

Legal Issues

  1. 1 ['Whether the plaintiff is required to provide further and better particulars of paragraph 8 (claim for aggravated damages) in the second further amended statement of claim' 'Whether particulars sought by the defendants are necessary to enable them to plead to the allegation of aggravated damages']

Ratio Decidendi

The defendants were sufficiently able to plead a defence based on the particulars given, especially as particulars relating to 'knowledge' do not require further facts under Rule 15.4. The application for further and better particulars was therefore refused.

Court Disposition

Application for order for further and better particulars refused

Orders

  • ['Application refused' 'Defendants to file and serve their defence to the second further amended statement of claim filed 3 April 2014 within ten days' 'Plaintiff to file and serve any reply within ten days thereafter' 'Proceedings stood into the defamation list in July 2014, 7 July 2014, before McCallum J'...