Dent and Little (No 2)

In *Dent and Little (No 2)*, Forrest J of the Supreme Court of Western Australia considered an application by the plaintiff, Dent, for an order that the defendant, Little, provide further and better particulars of certain paragraphs of his defence. The dispute concerned a claim for damages arising from alleged breaches of contract and negligence.

The central legal issue before the court was whether the particulars provided by the defendant in relation to his defence were sufficient to adequately inform the plaintiff of the case he had to meet. Specifically, the court had to determine if the defendant's allegations of contributory negligence and failure to mitigate loss were pleaded with sufficient clarity and detail.

Forrest J applied the principles governing the requirement for further and better particulars, which are designed to ensure that a party is not taken by surprise and has a fair opportunity to respond to the allegations made against them. His Honour found that the particulars provided by the defendant were vague and lacking in the necessary specificity to satisfy this requirement. The court reasoned that the defendant's defence, as currently pleaded, did not sufficiently disclose the material facts upon which he relied.

Consequently, the application was granted, and the defendant was ordered to provide further and better particulars of the relevant paragraphs of his defence.