DSE (Holdings) Pty Limited v Intertan Inc [2003] FCA 1092

Particulars of paragraphs 35(e) and 46(b) of the defence go to causation and are fundamental; therefore, they must be provided now and not deferred until the respondents file their evidence.

Parties: Applicant/cross Respondent: DSE (Holdings) Pty Limited (ACN 001 456 720); First Respondent/first Cross Claimant: Intertan Inc; Second Respondent/second Cross Claimant: Intertan Canada Limited
Jurisdiction: Australia
Judgment Date: 26 September 2003
Procedural Posture: Interlocutory Application / Order for Further and Better Particulars
Outcome: Further and better particulars ordered
Legal Topics: Particulars, Pleading, Discovery, Causation

Civil Procedure Particulars Pleading Discovery Causation

Case Brief

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Parties

DSE (Holdings) Pty Limited (ACN 001 456 720)

Applicant/cross Respondent

Intertan Inc

First Respondent/first Cross Claimant

Intertan Canada Limited

Second Respondent/second Cross Claimant

Procedural Posture

Interlocutory Application / Order for Further and Better Particulars

Legal Issues

1 Whether the respondents should give full particulars of allegations in paragraphs 35(e) and 46(b) of the defence prior to evidence being filed.

Ratio Decidendi

Particulars of paragraphs 35(e) and 46(b) of the defence go to causation and are fundamental; therefore, they must be provided now and not deferred until the respondents file their evidence.

Court Disposition

Further and better particulars ordered

Orders

The respondents provide to the applicant and to the Court, by 7 November 2003, full particulars as can be provided in relation to pars 35(e) and 46(b) of the defence.
Direct the parties to provide to the Court agreed short minutes of order regarding the disposition of the matter by Monday 29 September 2003.