FEDERAL CIRCUIT COURT OF AUSTRALIA
| KEARNEY v ACCRUE PROPERTY PTY LTD & ANOR | [2020] FCCA 74 |
| Catchwords: INDUSTRIAL LAW – PRACTICE AND PROCEDURE – Application for leave to file a further amended statement of claim where claims arise out of employment relationship – Adequacy of pleading – Application by Respondents to strike out claims against Second Respondent in Amended Statement of Claim – Alternative application by Respondents to compel further response to Respondents’ Request for Further and Better Particulars of Amended Statement of Claim – Application to strike out claims against Second Respondent refused – Application for Further Particulars of Amended Statement of Claim refused – Leave to further Amended Statement of Claim granted. |
| Legislation: Federal Circuit Court of Australia Act 1999 (Cth), ss.3, 34, 42, 43 |
| Applicant: | JOSEPH KEARNEY |
| First Respondent: | ACCRUE PROPERTY PTY LTD |
| Second Respondent: | JEFFREY JAMES GROCHOWSKI |
| File Number: | MLG 3058 of 2018 |
| Judgment of: | Judge Kirton |
| Hearing date: | 9 December 2019 |
| Date of Last Submission: | 9 December 2019 |
| Delivered at: | Melbourne |
| Delivered on: | 21 January 2020 |
REPRESENTATION
| Counsel for the Applicant: | Ms Preston |
| Solicitors for the Applicant: | Gil Boffa & Associates |
| Counsel for the Respondents: | Mr Galbraith |
| Solicitors for the Respondents: | DSS Law |
ORDERS
The Applicant have leave to file and serve a Further Amended Statement of Claim on or before 3 February 2020.
Order 2 of the Orders made on 9 December 2019 is discharged.
Orders 8, 9 and 10 of the Orders made on 7 October 2019 are discharged.
The Respondents file and serve their Defences to the Further Amended Statement of Claim on or before 17 February 2020.
The Applicant file and serve any Reply to the Defences to the Further Amended Statement of Claim or before 2 March 2020.
The Applicant to file and serve Further and Better Particulars of loss on or before 2 March 2020.
For the avoidance of doubt, Orders 6 and 11 to 21 of the Orders made on 7 October 2019 otherwise remain in full force and effect.
The Applicant’s costs of and incidental to the Applicant’s Application filed on 19 November 2019 (
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- Case
- [2020] FCCA 74
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the claims against the second respondent were adequately pleaded and whether Mr Kearney should be required to provide further particulars in response to the respondents' request. The court was also required to determine whether to grant leave for Mr Kearney to file a further amended statement of claim.
Judge Kirton reasoned that the amended statement of claim, while not perfect, sufficiently disclosed a cause of action against the second respondent, thereby refusing the application to strike out those claims. Furthermore, the court found that the respondents' request for further particulars was overly broad and that the existing pleadings provided adequate information for the respondents to understand the case against them. Consequently, the application for further particulars was also refused.
Leave to file the further amended statement of claim was granted.
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