› Application to file further amended statement of claim
› Whether proposed pleading defective
› Requirements of proper pleading
Practice and Procedure
› Pleadings
› Particulars
› Sufficiency of particulars
› Whether particulars adequate to avoid surprise at trial
› Whether causal connection between breach and loss adequately particularised
Quick Take
1A statement of claim must form a coherent narrative of material facts sufficient to inform both the opposing party and the tribunal of the case to be met, without reliance on the opposing party's assumed background knowledge.
2Pleadings must identify with precision the contractual term alleged to have been breached, the specific breach, and the causal connection between the breach and the loss claimed; catch-all allegations that plead breach of every available term without discrimination are defective.
3Damages cannot be properly pleaded by simply comparing 'expected' costs with 'actual' costs; the pleading must set out the basis on which the claimed loss was caused by the breach and is reasonable or contractually provided for.
Case Details
Citation[2008] VSC 77
CourtVSC
JurisdictionVictoria
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