Pearce v International Mining Technologies Limited

[2009] WASCA 239

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Particulars
3. › Further and better particulars
4. › Application for particulars of defence and counterclaim
5. › Whether respondent's case sufficiently clear without further particulars
6. › Whether particulars sought directed to opponent's case or applicant's own case
1. Practice and Procedure
2. › Appeals
3. › Interlocutory decisions
4. › Leave to appeal
5. › Caution exercised by appellate court in reviewing interlocutory decision on matter of practice or procedure
6. › Particular applicability to procedural decision of judge in CMC List
1. Practice and Procedure
2. › Case management
3. › Commercial and Managed Cases List
4. › Docket system
5. › Appellate restraint in reviewing procedural decisions of case management judge

Quick Take

Appellate courts will exercise heightened restraint when reviewing procedural decisions of a judge managing a case in the CMC List, given that judge's superior familiarity with the litigation. A party seeking particulars must ensure the request is directed to the opponent's case, not to matters that form part of the requesting party's own case.