Croft v Evertop Investments Pty Ltd (No 2) [2011] FCA 749

Croft v Evertop Investments Pty Ltd (No 2) [2011] FCA 749

The applicants are required to serve further and better particulars of their losses and damages claimed, specifically quantifying each head of loss and the methodology used, or otherwise provide expert evidence, and must provide discovery as ordered, given their current failure of compliance. Respondents are not required to incur further discovery costs until applicants provide particulars and comply with discovery obligations.

Parties
Applicant: Rodney Kim Croft; Applicant: Janice Ann Croft; First Respondent: Evertop Investments Pty Ltd (ACN 091 802 201); Second Respondent: James Alexander Kidd; Third Respondent: Thye Tan
Jurisdiction
Australia
Judgment Date
01 July 2011
Procedural Posture
Commercial Litigation – Interlocutory Application / Interlocutory Orders on Particulars and Discovery; Pre Trial
Outcome
Interlocutory orders for further particulars and discovery; costs awarded to respondents.
Legal Topics
Particulars of Damages, Discovery Obligations, Franchise Disputes, Self Represented Litigants
Practice and Procedure Commercial Law Particulars of Damages Discovery Obligations Franchise Disputes Self Represented Litigants

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Parties

Rodney Kim Croft

Applicant

Janice Ann Croft

Applicant

Evertop Investments Pty Ltd (ACN 091 802 201)

First Respondent

James Alexander Kidd

Second Respondent

Thye Tan

Third Respondent

Procedural Posture

Commercial Litigation – Interlocutory Application / Interlocutory Orders on Particulars and Discovery; Pre Trial

Legal Issues

  1. 1 Whether applicants must provide further and better particulars of loss and damages claimed
  2. 2 Whether expert evidence is sufficient for particularisation of damages
  3. 3 Adequacy of discovery by both parties

Ratio Decidendi

The applicants are required to serve further and better particulars of their losses and damages claimed, specifically quantifying each head of loss and the methodology used, or otherwise provide expert evidence, and must provide discovery as ordered, given their current failure of compliance. Respondents are not required to incur further discovery costs until applicants provide particulars and comply with discovery obligations.

Court Disposition

Interlocutory orders for further particulars and discovery; costs awarded to respondents.

Orders

  • Applicants to file and serve further and better particulars of losses and damages with quantification and calculation basis for specified heads of claim within 35 days.
  • Applicants to file and serve particulars of damages pleaded in specified paragraphs of the amended statement of claim within 35 days.