Karam v Lennon Mazzeo (a firm)

[2012] VSCA 98

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeal
3. › Leave to appeal
4. › Interlocutory orders
5. › Order dismissing application for judgment in default of pleading or in consequence of defective pleading
6. › Whether leave to appeal required
7. › Whether error of principle or risk of injustice demonstrated
1. Practice and Procedure
2. › Pleading
3. › Defence
4. › Bare denial
5. › Whether defendant required to plead to particulars of negligence
6. › Whether bare denial of general allegation constitutes default warranting summary judgment

Quick Take

An appeal from an order dismissing an application for default judgment or summary judgment is an appeal from an interlocutory order requiring leave. A defendant is not required to plead to particulars of negligence, and a bare denial of a general allegation does not warrant summary judgment.