Strike out application - Pleadings which may prejudice, embarrass or delay the fair trial of the action - Where defence of laches pleaded - Parts of plaintiff's pleadings struck out - Turns on own facts
Application for further and better discovery - Whether court can be fairly certain documents are or have been in possession, custody or power - Discretion to not order further and better discovery where forensic benefit does not justify the burden - Whether fishing expedition - Turn on own facts
Case Details
Citation[2016] WASC 218
CourtWASC
JurisdictionWestern Australia
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