Bli Bli #1 Pty Ltd v Kimlin Investments P/L as t'ee for the Kimlin Family Trust

Bli Bli #1 Pty Ltd brought an action against Kimlin Investments P/L as trustee for the Kimlin Family Trust, claiming breach of contract and other associated causes of action. The defendants filed an application for further and better particulars of the plaintiffs' allegations and sought to have certain paragraphs of the statement of claim struck out on the basis they were vague, ambiguous, and failed to disclose a cause of action. The case was heard in the Federal Circuit Court of Australia. The court had to determine whether the plaintiffs should be ordered to provide further particulars of certain allegations and whether specific paragraphs of the statement of claim should be struck out as they were considered too vague and ambiguous to be actionable.

The court examined the particulars requested by the defendants and the paragraphs sought to be struck out. It found that the plaintiffs' allegations in paragraphs 10 and 11 were too vague and ambiguous to be understood by the defendants. Therefore, the plaintiffs were ordered to provide further particulars of these allegations. Regarding the paragraphs sought to be struck out, the court held that paragraphs 30 to 33 were too vague and ambiguous to be actionable and should be struck out. The court also found that paragraph 39 was vague and ambiguous, and thus, it was struck out. The plaintiffs were granted leave to replead these paragraphs by the specified date.

The court ordered the plaintiffs to provide further particulars of the allegations at paragraphs 10 and 11 of the statement of claim by a specified date. Paragraphs 30 to 33 and paragraph 39 were struck out, and the plaintiffs were given leave to replead these paragraphs by the same date. The plaintiffs were required to comply with these orders to proceed with their action against the defendants.