Aimtek Pty Ltd v Brisbane Ship Constructions Pty Ltd

Aimtek Pty Ltd sued Brisbane Ship Constructions Pty Ltd for monies claimed to be owed under a design contract. Aimtek contended that it provided technical and support services beyond the scope of the contract at the request of Brisbane Ship. Brisbane Ship argued in its defence that Aimtek had made certain representations that induced it to believe the services would be part of the scope of supply under the design contract. Aimtek sought to strike out this paragraph of the defence, claiming it disclosed no reasonable defence, caused prejudice and delay, or that the pleadings were unnecessary or embarrassing. Alternatively, Aimtek sought further and better particulars of the defence.

The court considered whether paragraph 8 of the defence should be struck out or if the defendant should provide further and better particulars. The court dismissed the application to strike out the paragraph. However, the court ordered that within 21 days of the judgment, Brisbane Ship must provide Aimtek with further and better particulars of certain allegations in the defence. The costs of and incidental to the application were reserved.

In summary, the court rejected the plaintiff's application to strike out the defendant's paragraph but required the defendant to provide further and better particulars of specific allegations. The costs of the application were reserved for later determination.