Mad Dogs Pty Ltd (in liq) v Gilligan's Backpackers Hotel and Resort Pty Ltd

Mad Dogs Pty Ltd (in liquidation) was the plaintiff and sought to have certain allegations in the defence of Gilligan's Backpackers Hotel and Resort Pty Ltd struck out on the basis that they did not disclose a reasonable defence, tended to prejudice or delay the fair trial of the proceeding and/or were an abuse of process. The defendants, Gilligan's Backpackers, argued that the new causes of action brought forward by the plaintiff did not arise out of the same facts as those previously claimed. The case was heard in the Supreme Court of Queensland. The court was required to determine whether paragraph 32 of the second amended defence complied with rule 149 of the Uniform Civil Procedure Rules 1999 and whether Gilligan's Backpackers should be granted leave to replead under rule 376 of the rules.

The court found that paragraph 32 of the second amended defence did not comply with rule 149 as it did not contain sufficient particulars to enable the plaintiff to respond adequately. The court also determined that Gilligan's Backpackers should be given leave to replead to correct the deficiencies in paragraph 32. The court found that the plaintiff's application to strike out the paragraph was well founded and ordered that the paragraph be struck out, with Gilligan's Backpackers given leave to file and serve an amended pleading by a specified time. The court also ordered that the plaintiff file and serve any further amended reply by a specified time.

The court's decision was that paragraph 32 of the second amended defence be struck out, with Gilligan's Backpackers given leave to file and serve an amended pleading by 4 pm on 23 April 2015. The plaintiff was also ordered to file and serve any further amended reply by 4 pm on 24 April 2015. The costs of the proceeding were reserved for a later determination. The court did not speculate on the potential outcomes of the case or provide any commentary beyond what was strictly necessary to summarise the decision.