TC Build Pty Ltd v STM123 Pty Ltd (No 2)

The case of TC Build Pty Ltd v STM123 Pty Ltd (No 2) involved a dispute concerning unpaid direct costs claimed by the plaintiff, TC Build Pty Ltd, from the defendant, STM123 Pty Ltd, in relation to various construction projects. The matter was heard in the Supreme Court of New South Wales. The plaintiff had served all the evidence on which it relied to prove its claim; however, the defendants sought particulars of the plaintiff’s claim regarding the specific unpaid direct costs claimed. The defendants argued that the plaintiff had not sought to identify or prove those particular unpaid direct costs.

The central legal issue before the court was whether the plaintiff was required to provide particulars of the unpaid direct costs claimed in its statement of claim. The court was required to determine whether the plaintiff's failure to provide such particulars constituted a defect in its pleadings that would warrant a dismissal of the claim. The court needed to consider the principles of pleadings and whether the provision of particulars was necessary to enable the defendants to adequately respond to the claim.

The court held that while the plaintiff had served all the evidence it relied on to prove its claim, it was still required to provide particulars of the specific unpaid direct costs claimed. The court found that the plaintiff's failure to provide such particulars constituted a defect in its pleadings, which prejudiced the defendants' ability to adequately respond to the claim. Consequently, the court dismissed the plaintiff's claim due to the procedural defect. The court emphasised the importance of providing sufficient particulars in pleadings to ensure fairness and to enable the opposing party to properly defend the claim.

In summary, the court dismissed the plaintiff's claim due to the failure to provide particulars of the specific unpaid direct costs claimed. The court's decision underscores the importance of complying with procedural requirements in civil litigation to ensure fairness and the proper administration of justice.