Sommerlad, M.F. v New Zealand Insurance Australia Ltd

Case [1991] FCA 632


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Details
AGLC
Sommerlad, M.F. v New Zealand Insurance Australia Ltd [1991] FCA 632
Case
[1991] FCA 632
Decision Date

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Orders

Orders of the court

That imputations 1 and 3 in paragraph 39 of the Second Amended Statement of Claim be struck out.

That paragraph 38 of the Second Amended Statement of Claim be struck out.

That the applicant be granted leave to replead paragraphs 12, 37 and 39 of the Second Amended Statement of Claim.

That the applicant supply, either by letter or repleading, the best particulars currently available relating to paragraphs 12 and 37 of the Second Amended Statement of Claim.

That the applicant pay the respondents' costs of the motions.

That leave be granted to the applicant to seek a vacation or variation of order 5 provided such application is made within 14 days.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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