Flecknoe v Pared Ltd
Case
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[2025] NSWSC 775
•22 July 2025
Details
AGLC
Case
Decision Date
Flecknoe v Pared Ltd [2025] NSWSC 775
[2025] NSWSC 775
22 July 2025
CaseChat Overview and Summary
Flecknoe, the plaintiff, filed an action against Pared Ltd, the defendant, seeking damages for breach of contract. Pared Ltd filed a motion to strike out the proceedings, arguing that the plaintiff's pleadings did not disclose a reasonable cause of action and were embarrassing. The court was required to determine whether the plaintiff's pleadings disclosed a reasonable cause of action and whether they were embarrassing enough to warrant a strike-out. Additionally, Pared Ltd filed an alternative motion for further particulars, seeking more specific details about the plaintiff's claims.
The court dismissed the motion to strike out the proceedings. The plaintiff's pleadings, while not ideal, did disclose a reasonable cause of action, and the court found that they were not so embarrassing as to warrant a strike-out. Regarding the alternative motion for further particulars, the plaintiff conceded that further particulars should be provided. Consequently, the court made an order for the plaintiff to provide further particulars within a specified timeframe. The court held that the plaintiff's pleadings were insufficient in certain areas, and more detailed information was necessary to properly assess the merits of the case and ensure a fair trial.
The court dismissed the motion to strike out the proceedings. The plaintiff's pleadings, while not ideal, did disclose a reasonable cause of action, and the court found that they were not so embarrassing as to warrant a strike-out. Regarding the alternative motion for further particulars, the plaintiff conceded that further particulars should be provided. Consequently, the court made an order for the plaintiff to provide further particulars within a specified timeframe. The court held that the plaintiff's pleadings were insufficient in certain areas, and more detailed information was necessary to properly assess the merits of the case and ensure a fair trial.
Details
Key Legal Topics
Areas of Law
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Civil Litigation & Procedure
Legal Concepts
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Appeal
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Pleadings
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Summary Judgment
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Discovery & Disclosure
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Issue Estoppel
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Interlocutory Orders
Actions
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Citations
Flecknoe v Pared Ltd [2025] NSWSC 775
Most Recent Citation
Flecknoe v Pared Ltd (No 2) [2025] NSWSC 854
Cases Citing This Decision
2
Flecknoe v Pared Ltd (No 2)
[2025] NSWSC 854
Flecknoe v Pared Ltd (No 2)
[2025] NSWSC 854
Cases Cited
20
Statutory Material Cited
3
Bailey v Federal Commissioner of Taxation
[1977] HCA 11
Bailey v Federal Commissioner of Taxation
[1977] HCA 11
Bailey v Federal Commissioner of Taxation
[1977] HCA 11