Drabsch v Switzerland General Insurance Co Ltd [1999] NSWSC 460

Drabsch v Switzerland General Insurance Co Ltd [1999] NSWSC 460

The particulars of SGI’s cross claim, as they stand, do not include the broader case sought by SGI, and are confined to allegations that each item in the 'Item A Table' constituted private expenses lacking business justification; these particulars are not so embarrassing or clearly untenable as to warrant summary dismissal or striking out. Leave to enlarge particulars is refused as it would prejudice the opposing party and require an adjournment.

Jurisdiction
Australia
Judgment Date
17 May 1999
Procedural Posture
Equity Proceedings / Interlocutory Application During Trial
Outcome
Applications for summary dismissal or striking out of part of cross claim dismissed. Application to enlarge particulars of cross claim refused.
Legal Topics
['particulars' 'summary Dismissal' 'striking Out Pleadings']
['civil Procedure'] ['particulars' 'summary Dismissal' 'striking Out Pleadings']

Case Brief

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Procedural Posture

Equity Proceedings / Interlocutory Application During Trial

Legal Issues

  1. 1 ['Whether claim adequately particularised' 'Whether enlargement of particulars ought be allowed during trial' 'Whether summary dismissal or striking out of part of cross claim should be granted']

Ratio Decidendi

The particulars of SGI’s cross claim, as they stand, do not include the broader case sought by SGI, and are confined to allegations that each item in the 'Item A Table' constituted private expenses lacking business justification; these particulars are not so embarrassing or clearly untenable as to warrant summary dismissal or striking out. Leave to enlarge particulars is refused as it would prejudice the opposing party and require an adjournment.

Court Disposition

Applications for summary dismissal or striking out of part of cross claim dismissed. Application to enlarge particulars of cross claim refused.

Orders

  • ['Plaintiff granted leave to file notice of motion dated 17 May 1999.' 'Notice of motion dismissed.' 'Costs of applications reserved.' 'Application by SGI to enlarge particulars refused.' "Costs of SGI's application reserved."]