› Whether particulars can fill gaps in material allegations
› Distinction between material facts and particulars
Quick Take
1A statement of claim must inform each defendant with sufficient clarity of the case he, she or it has to meet; extensive cross-referencing that renders the document unintelligible or intelligible only after painstaking analysis is embarrassing within the meaning of RSC r.23.02.
2Particulars must make the plaintiff's case plain, limit the generality of allegations, define the issues, and prevent surprise; formulaic, conclusionary or prolix particulars that fail to apprise defendants of the case against them do not fulfil their proper function and cannot fill gaps in missing material allegations.
3While a plaintiff alleging a clandestine conspiracy may be excused from providing precise particulars of conversations, this does not excuse pleadings that are so imprecise that a defendant cannot determine with any precision whether any allegation is made against him or her.
Case Details
Citation[2005] VSC 251
CourtVSC
JurisdictionVictoria
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