Antai Solar Australia Pty Ltd v Towers & Ors

[2026] QSC 10

Supreme Court of Queensland

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Interrogate

Catchwords

1. Practice and Procedure
2. › Pleadings
3. › Striking out
4. › Failure to disclose reasonable cause of action
5. › Whether claim should be set aside under r 16(e) UCPR
6. › Whether statement of claim should be struck out under r 171 UCPR
7. › Uniform Civil Procedure Rules 1999 (Qld), rr 16, 171
1. Practice and Procedure
2. › Pleadings
3. › Striking out
4. › Embarrassing or tending to cause prejudice
5. › Multiple alternative cases
6. › Use of 'and/or' creating hundreds of alternative combinations
7. › Whether pleading amounts to fishing expedition
8. › Uniform Civil Procedure Rules 1999 (Qld), r 171
1. Practice and Procedure
2. › Pleadings
3. › Particulars
4. › Obligation to plead material facts with specificity
5. › Whether inability to identify alleged partnership justified inadequate pleading
6. › Whether early stage of proceedings excuses non-compliance with pleading rules
7. › Uniform Civil Procedure Rules 1999 (Qld), rr 149-157
1. Partnership
2. › Existence of partnership
3. › Whether directors of corporate group carried on business in partnership with companies of which they were directors
4. › Whether group corporate structure could be unwound to establish partnership
5. › Partnership Act 1891 (Qld), ss 5(1), 5(2)

Quick Take

A plaintiff alleging a partnership across a corporate group must plead with specificity which individuals and/or entities constituted the operative partnership, and cannot use interlocutory processes to fish for a case it hopes to later plead; the pleading rules do not have a relaxed application at the preliminary stage of proceedings.