Paillas v Astra Chauffeur Limousines (Aust) Pty Ltd and Anor (No.2)

This matter concerned an application by the plaintiff, Paillas, for an order that the defendants, Astra Chauffeur Limousines (Aust) Pty Ltd and its director, Mr. G. A. Smith, provide further and better particulars of certain paragraphs of their defence. The application was heard in the Supreme Court of New South Wales.

The primary legal issue before the Court was whether the defendants' defence, which alleged that the plaintiff had been guilty of contributory negligence, was sufficiently particularised to allow the plaintiff to understand the case he had to meet. Specifically, the plaintiff sought to know the precise nature of the alleged contributory negligence, including the specific acts or omissions relied upon by the defendants.

Judge Street considered the principles governing the requirement for particulars in pleadings. His Honour held that a defence of contributory negligence must be pleaded with sufficient particularity to inform the plaintiff of the specific conduct alleged to have contributed to the damage. Vague assertions are insufficient. The Court found that the defendants' defence, as currently pleaded, lacked the necessary detail regarding the plaintiff's alleged negligence, making it difficult for the plaintiff to prepare his response.

Accordingly, Judge Street ordered that the defendants provide further and better particulars of paragraphs 6 and 7 of their defence within 21 days.