Dive v Chapman

The defendants, Dive and Chapman, sought an order from the Queensland Supreme Court to have specific paragraphs of the amended statement of claim by the plaintiffs struck out under rule 171 of the Uniform Civil Procedure Rules 1999 (Qld). The plaintiffs alleged breaches of contract, fiduciary duties, and duties of confidence concerning information about particular patients within the defendants' records. The defendants also requested further and better particulars from the plaintiffs in relation to certain paragraphs of the amended statement of claim under rule 161 of the UCPR. Additionally, both parties applied for costs.

The court had to determine whether the specified parts of the pleadings disclosed no reasonable cause of action or defence, whether further and better particulars were necessary, and whether the applications for disclosure should be dismissed. The court also needed to decide whether the costs should be awarded on a standard basis.

The court ruled that certain paragraphs of the amended statement of claim were to be struck out as they disclosed no reasonable cause of action or defence. The plaintiffs were given 21 days to replead. The defendants’ application filed on 16 January 2006 was otherwise dismissed. The plaintiffs were ordered to pay the defendants' costs of the application filed on 16 January 2006, to be assessed on a standard basis. Upon the plaintiffs’ application filed on 25 January 2006, the defendants were ordered to disclose, within 14 days, all documents recording the treatment of any person who had been treated at the defendants' practice and who had been treated by the second defendant at the third plaintiff's practice. The plaintiffs’ application was otherwise dismissed.

The court's orders included striking out specific paragraphs of the amended statement of claim, ordering the plaintiffs to replead within 21 days, dismissing the defendants' application filed on 16 January 2006 except for the order to pay costs, ordering the defendants to disclose certain documents within 14 days, and dismissing the plaintiffs' application except for the order for disclosure.