Particulars

Question 1

Simms v Wran

Answer 1

Give sufficient detail to ensure other side not taken by surprise and can prepare for trial

Question 2

Goldsmith v Sandilands

Answer 2

Complement pleadings but does not supplement or expand

Question 3

R 15.1

Answer 3

Must give particulars that are necessary to allow the other party to identify the case it must meet

Question 4

R 15.3-15.8

Answer 4

Specific matters must be particulars including fraud, misrep, breach of trust, undue influence (15.3), conditions of the mind (15.4), negligence or breach of statutory duty (15.5) out of pocket expenses (15.6) exemplary damages (15.7) aggravated damages 15.8

Question 5

R15.9

Answer 5

Particulars to be set out in pleasing or in separate document

Question 6

R 15.10

Answer 6

Court may order a party to file particulars of an claim defence or other matter, a statement of a case or particulars of any damages claimed

Question 7

Bailey v FCT

Answer 7

Court has broad discretion to order particulars

Question 8

R 15.12-15.17

Answer 8

Special rules for particulars of personal injury

Question 9

R 15.19

Answer 9

Specified particulars for defamation