Ku v Woolworths Group Limited

The plaintiff, Ku, brought an action against Woolworths Group Limited for damages resulting from an incident that occurred at one of Woolworths' stores. The plaintiff alleged that she suffered injuries due to a defective floor. Woolworths, in its defence, contested the plaintiff's claims and raised contributory negligence as a defence. Ku subsequently applied to the court to strike out certain paragraphs of Woolworths' defence, arguing they contained positive statements of fact. Alternatively, she sought further and better particulars of Woolworths' defence. The court was required to determine whether the impugned parts of Woolworths' defence indeed contained positive statements of fact, and whether the contributory negligence defence was properly pleaded and particularised.

The court examined the content of Woolworths' defence and found that the impugned paragraphs contained statements of fact that were not merely conclusions or opinions. The court held that these paragraphs were not procedurally defective, as they did not fall into the category of positive statements of fact that should be struck out. Regarding the contributory negligence defence, the court determined that Woolworths had adequately pleaded and particularised this defence. The court concluded that the plaintiff's application to strike out certain parts of the defence and for further particulars was unsuccessful.

As a result, the court dismissed the plaintiff's application in its entirety. The orders made by the court reflect this outcome, with specific directions provided for the continuation of the proceedings. The court's decision ensures that the case proceeds with the defence as pleaded by Woolworths, and that the plaintiff's claims will be addressed within the framework established by the court's ruling on the procedural application.