Tada Constructions Corporation Pty Ltd v JP Dixon Real Estate Pty Ltd (No 2) [2011] FCA 791

Tada Constructions Corporation Pty Ltd v JP Dixon Real Estate Pty Ltd (No 2) [2011] FCA 791

The deficiencies and lack of particulars in Tada’s further amended statement of claim warranted striking out relevant paragraphs and vacation of the trial date, as respondents had not been adequately enabled to plead or prepare expert evidence; justice and case management principles required allowing sufficient time for parties to properly prepare for trial.

Jurisdiction
Australia
Judgment Date
07 July 2011
Procedural Posture
Civil Proceeding / Interlocutory Application for Strike Out and Directions
Outcome
Trial date vacated, paragraphs of further amended statement of claim struck out, directions for filing amended pleadings, proceeding referred to mediation, applicant ordered to pay respondents' costs.
Legal Topics
['strike Out Applications' 'particulars of Loss and Damage' 'case Management' 'vacating Trial Date']
['practice and Procedure'] ['strike Out Applications' 'particulars of Loss and Damage' 'case Management' 'vacating Trial Date']

Case Brief

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Procedural Posture

Civil Proceeding / Interlocutory Application for Strike Out and Directions

Legal Issues

  1. 1 ['Whether further amended statement of claim should be struck out' 'Whether particulars of loss and damage were adequate' 'Whether trial date should be vacated']

Ratio Decidendi

The deficiencies and lack of particulars in Tada’s further amended statement of claim warranted striking out relevant paragraphs and vacation of the trial date, as respondents had not been adequately enabled to plead or prepare expert evidence; justice and case management principles required allowing sufficient time for parties to properly prepare for trial.

Court Disposition

Trial date vacated, paragraphs of further amended statement of claim struck out, directions for filing amended pleadings, proceeding referred to mediation, applicant ordered to pay respondents' costs.

Orders

  • ['Trial date fixed for 25 July 2011 is vacated.' 'Orders 7, 8, 9, 11, 13, 14 and 16 made on 2 March 2011 are vacated.' 'Applicant to file and serve a second further amended statement of claim by 8 July 2011.' 'Respondents to file and serve a defence by 22 July 2011.' 'Applicant to file and serve any reply by 2...