EnergyAustralia v Australian Energy Limited [2001] FCA 1049

FEDERAL COURT OF AUSTRALIA

EnergyAustralia v Australian Energy Limited [2001] FCA 1049 PRACTICE AND PROCEDURE – Federal Court of Australia – application for an order that certain questions be determined separately and in advance of other issues in the proceedings PRACTICE AND PROCEDURE – Federal Court of Australia – pleadings – where applicant has pleaded conclusions in addition to statements of fact – whether applicant is required to provide further and better particulars Federal Court Rules O 11 r 9, O 29 r 2 Tallglen Pty Ltd v Pay TV Holdings Pty Ltd (1996) 22 ACSR 130 at 141-142 followed Reading Australia Pty Ltd v Australian Mutual Provident Society [1999] FCA 718 at [8]-[9], [12] followed Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWSC 1215 at [7] followed ENERGYAUSTRALIA v AUSTRALIAN ENERGY LIMITED & ANOR N 430 of 2001 STONE J 3 AUGUST 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 430 OF 2001

BETWEEN: ENERGYAUSTRALIA

APPLICANT

AND: AUSTRALIAN ENERGY LIMITED

(ACN 083 183 028)

FIRST RESPONDENT

AUSTRALIAN ENERGY SERVICES PTY LIMITED

(ACN 067 609 803)

SECOND RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 3 AUGUST 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the applicant's motion for the determination of certain questions separately and in advance of all other issues in the proceeding be dismissed; 2. the applicant provide further and better particulars in respect of paragraphs twenty and twenty-two of its statement of claim; 3. the costs of both notices of motion be costs in the cause.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA