FEDERAL COURT OF AUSTRALIA
Keshi Pty Ltd v Firefly Press (Australia) Pty Ltd [2008] FCA 440
PRACTICE AND PROCEDURE – provision of particulars where the relevant facts are solely within the knowledge of the opponent – discovery before full particulars – particulars by stages – whether the inadequately particularised pleading is essential to any cause of action
Copyright Act 1968 (Cth)
Trade Practices Act 1974 (Cth) Pt VFederal Court Rules O 12 r 3
Bailey v Federal Commissioner of Taxation (1977) 136 CLR 214
Bruce v Odhams Press Ltd [1936] 1 KB 697
Castlemaine Perkins Ltd v Queen Street Hotels Pty Ltd (1968) Qd R 501
Cyril Leonard & Co v Simo Securities Trust Ltd (1972) 1 WLR 80
Dare v Pulham (1982) 148 CLR 658
Egg & Egg Pulp Marketing Board v KH Korp Tocumal Trading Co Pty Ltd (1963) VR 378
Fieldturf Inc v Balsam Pacific Pty Ltd [2003] FCA 809
Fox v H Wood (Harrow) Ltd [1963] 2 QB 601
Goldsmith v Sandilands (2002) 190 ALR 370
Harbord v Monk (1878) 38 LT 411
Higgins v Weekes (1889) 5 TLR 238
Keogh v Incorporated Dental Hospital of Ireland (1910) 2 Ir R 577
Keshi Pty Ltd v Firefly Press (Australia) Pty Ltd [2007] FCA 982
Lawson v Perpetual Trustee Co (Ltd) (1959) 76 WN (NSW) 367
Mann v Board of Health (ACT) (1996) 67 FCR 383
Marshall v The Inter-Oceanic Steam Yachting Co (1885) 1 TLR 394
Millar v Harper (1888) 39 Ch D 110
Murchison Zinc Company Pty Ltd v Thiess Contractors Pty Ltd [2000] WASCA 167
Palmos v Georgeson [1961] Qd R 186
Police & Nurses Credit Society Ltd v Burgess Rawson (WA) Pty Ltd [2006] FCA 1395
R v Associated Northern Collieries (1910) 11 CLR 738
Rubenstein v Truth & Sportsman Ltd [1960] VR 473
Smith v Littlemore (1996) 15 WAR 289
Turner v Dalgety & Co Ltd (1952) 69 WN (NSW) 228KESHI PTY LTD (ACN 109 285 029) and DENYSE JOY RITCHIE v FIREFLY PRESS (AUSTRALIA) PTY LTD (ACN 064 482 579), BARBARA MURRAY and TERESA WATSON
WAD 212 OF 2007MCKERRACHER J
2 APRIL 2008
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
WAD 212 OF 2007
BETWEEN:
KESHI PTY LTD
(ACN 109 285 029)
First ApplicantDENYSE JOY RITCHIE
Second ApplicantAND:
FIREFLY PRESS (AUSTRALIA) PTY LTD
(ACN 064 482 579)
First RespondentBARBARA MURRAY
Second RespondentTERESA WATSON
Third Respondent
JUDGE:
MCKERRACHER J
DATE OF ORDER:
2 APRIL 2008
WHERE MADE:
PERTH
THE COURT ORDERS THAT:
1.The applicants to provide further and better particulars of paragraphs 6 and 16 of the statement of claim within 28 days.
2.The applicants to pay the first respondents’ costs of the motion to be taxed or agreed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
WAD 212 OF 2007
BETWEEN:
KESHI PTY LTD
(ACN 109 285 029)
First ApplicantDENYSE…
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- Case
- [2008] FCA 440
- Decision Date
CaseChat Overview and Summary
The court considered whether the proposed amendments were permissible under the rules of court and whether they would prejudice the respondents' ability to adequately respond to the claims. The applicants needed to demonstrate that the proposed amendments were necessary to ensure just and efficient resolution of the proceedings. The court found that while the applicants had a right to amend their pleadings, the proposed changes to paragraphs 6 and 16 were not sufficiently particularised and might prejudice the respondents. The court required the applicants to provide more detailed particulars before granting leave to amend.
The court ordered the applicants to provide further and better particulars of the specified paragraphs within 28 days. The applicants were also directed to pay the first respondent's costs of the motion, which were to be taxed or agreed. The court's decision underscores the importance of clarity and particularity in pleadings and the need to balance the right to amend with the potential for prejudice to respondents.
Orders
Orders of the court
1. The applicants to provide further and better particulars of paragraphs 6 and 16 of the statement of claim within 28 days.
2. The applicants to pay the first respondents’ costs of the motion to be taxed or agreed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: MCKERRACHER J
Full text does not contain this section.