Vivian v Youi Pty Ltd [2025] FCA 50
It is not clear beyond question that the circumstances at number 322 cannot have any bearing on or relevance to the issues in the case, especially as expert evidence is being obtained; accordingly, the strike out application should be dismissed.
- Parties
- First Applicant: Shane Vivian; Second Applicant: Jodi Elizabeth Vivian; Respondent: Youi Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 03 February 2025
- Procedural Posture
- Interlocutory Application / Application to Strike Out Paragraph in Applicant's Reply
- Outcome
- Interlocutory application dismissed.
- Legal Topics
- Interlocutory Applications, Strike Out Applications, Pleadings, Relevance of Evidence, Insurance Claims, Property Damage
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Shane Vivian
First Applicant
Jodi Elizabeth Vivian
Second Applicant
Youi Pty Ltd
Respondent
Procedural Posture
Interlocutory Application / Application to Strike Out Paragraph in Applicant's Reply
Legal Issues
- 1 Whether details of landslip at adjacent property are relevant to the pleaded case
- 2 Whether paragraph 3(n) of the reply should be struck out as having no factual or expert basis
Ratio Decidendi
It is not clear beyond question that the circumstances at number 322 cannot have any bearing on or relevance to the issues in the case, especially as expert evidence is being obtained; accordingly, the strike out application should be dismissed.
Court Disposition
Interlocutory application dismissed.
Orders
- The interlocutory application dated 17 January 2025 be dismissed.
- The costs of the interlocutory application be costs in the cause.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment