Tox Free Solutions Limited v Kumarasamy [2020] FCA 762

Tox Free Solutions Limited v Kumarasamy [2020] FCA 762

There is no justification for granting further and better particulars before the respondents have filed their defences; the requests are premature and the respondents have sufficient information to plead. Any further particulars, if required, can be considered after pleadings have closed or after discovery.

Jurisdiction
Australia
Judgment Date
02 June 2020
Procedural Posture
Application for Further and Better Particulars / Interlocutory – Case Management Hearing, Pre Defence
Outcome
Application for further and better particulars dismissed; certain orders made as to filing of defences and case management.
Legal Topics
['pleadings' 'particulars' 'duty of Care' 'misleading or Deceptive Conduct']
['practice and Procedure' 'commercial Law' 'consumer Law'] ['pleadings' 'particulars' 'duty of Care' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Application for Further and Better Particulars / Interlocutory – Case Management Hearing, Pre Defence

Legal Issues

  1. 1 ['Whether particulars of the amended statement of claim should be ordered prior to the filing of a defence' 'Whether it is necessary or desirable to order further and better particulars before defence is filed']

Ratio Decidendi

There is no justification for granting further and better particulars before the respondents have filed their defences; the requests are premature and the respondents have sufficient information to plead. Any further particulars, if required, can be considered after pleadings have closed or after discovery.

Court Disposition

Application for further and better particulars dismissed; certain orders made as to filing of defences and case management.

Orders

  • ['The time for the first respondent to file and serve her defence is extended to 30 June 2020.' "Costs of today's case management hearing are costs in the cause." "The second respondent's interlocutory application filed on 14 April 2020, insofar as it relates to the order sought at paragraph 1, is adjourned sine...