Devine Constructions Pty Ltd v Stowe Australia Pty Ltd

Devine Constructions Pty Ltd sued Stowe Australia Pty Ltd and others for breaches of contract or negligence in relation to the construction of high-rise towers. The primary legal issue before the court was whether parts of Devine’s pleadings had a tendency to prejudice or delay the fair trial of the proceeding due to the compression of separate allegations of breach and consequences of breach into a single paragraph. The court also had to decide if the plaintiff's pleadings sufficiently identified the breaches and consequences of breach in a manner that would not unfairly prejudice the defendants.

The court found that certain paragraphs of the plaintiff's pleadings were overly broad and combined multiple allegations in a single paragraph, which made it difficult for the defendants to respond adequately. The court concluded that these paragraphs had a tendency to prejudice or delay the fair trial of the proceeding. Consequently, the court decided to strike out specific paragraphs from the plaintiff's pleadings and grant leave to replead on certain terms. The court ordered that certain paragraphs be struck out, with leave to replead, and directed the parties to confer and agree on a date by which the plaintiff would circulate a new proposed pleading to the other parties. The court also directed the parties to agree on the terms of leave to replead, a timetable for closing pleadings, and any issues related to costs.

The court's final order was to strike out specific paragraphs of the plaintiff's pleadings, namely paragraphs 97, 97A, 103, 126, 126A, and 132 of the further amended statement of claim filed on 3 December 2021. This order was made to address the identified deficiencies in the pleadings and to facilitate a fair and efficient trial process.