Watches of Switzerland Pty Ltd v Transport for NSW (No. 2)

The parties involved in this case were Watches of Switzerland Pty Ltd, the plaintiff, and Transport for NSW, the defendant. The dispute concerned an action in damages for both public and private nuisance. The matter was heard in the Federal Court of Australia. The plaintiff, a jewellery retailer, sought damages from the defendant, Transport for NSW, due to alleged nuisances caused by the construction of a railway line and a station. The primary legal issues that the court had to decide revolved around the adequacy of the plaintiff's pleadings and the appropriateness of striking out those pleadings.

The court examined whether the plaintiff's amended reply was in accordance with a previous judgment regarding the plaintiff's reply. It was noted that the plaintiff had not sought to have the previous judgment varied or overturned. The court further considered whether the pleadings were so general that the defendant would not know in advance the case it had to meet. The court also assessed whether the pleadings had a tendency to cause prejudice, embarrassment, or delay, as required by UCPR r 14.14. Additionally, the court needed to determine the onus of proof on the defendant, who relied on statutory authority and argued that the nuisance was an inevitable consequence of the construction.

The court concluded that the plaintiff's amended reply was inadequate and too general, failing to provide the defendant with sufficient notice of the case it had to meet. The court held that the pleadings had a tendency to cause prejudice, embarrassment, or delay, as they did not comply with the previous judgment and left the defendant uncertain as to the precise nature of the plaintiff's claims. The court granted the defendant's application to strike out the plaintiff's amended reply. Consequently, the court ordered the plaintiff to re-plead within a specified time frame.