Polyaire Pty Ltd v Lanthois [2011] FCA 1486

Polyaire Pty Ltd v Lanthois [2011] FCA 1486

The particulars provided by the plaintiff in relation to its claim for costs were adequate, having sufficiently identified the methodology for apportionment and quantification so as to give notice to the defendants. However, in relation to the plaintiff's account of profits claim, particulars referring to affidavits (and thus evidence) rather than facts were improper and must be struck out.

Jurisdiction
Australia
Judgment Date
22 December 2011
Procedural Posture
Application for Particulars / Interlocutory Determination of Applications for Particulars
Outcome
Defendants' applications for further particulars of the claimant's costs claims are refused; particulars referencing affidavits in account of profits claims are struck out; parties may make submissions regarding further orders.
Legal Topics
['applications for Particulars' 'proofs of Debt in Liquidation' 'account of Profits' 'costs Apportionment' 'federal Court Rules']
['practice and Procedure' 'corporations Law'] ['applications for Particulars' 'proofs of Debt in Liquidation' 'account of Profits' 'costs Apportionment' 'federal Court Rules']

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Procedural Posture

Application for Particulars / Interlocutory Determination of Applications for Particulars

Legal Issues

  1. 1 ['Whether particulars provided in relation to costs claims are adequate' 'Whether particulars provided in relation to account of profits claims are pleadings of evidence, not matters of fact' 'Which version of Federal Court Rules applies to applications filed pre- and heard post-1 August 2011']

Ratio Decidendi

The particulars provided by the plaintiff in relation to its claim for costs were adequate, having sufficiently identified the methodology for apportionment and quantification so as to give notice to the defendants. However, in relation to the plaintiff's account of profits claim, particulars referring to affidavits (and thus evidence) rather than facts were improper and must be struck out.

Court Disposition

Defendants' applications for further particulars of the claimant's costs claims are refused; particulars referencing affidavits in account of profits claims are struck out; parties may make submissions regarding further orders.

Orders

  • ["The Federal Court Rules as in force immediately before 1 August 2011 apply to the hearing and determination of the defendants' application for particulars." 'The parties have leave to make submissions as to the appropriate orders in light of these reasons.']