Sides Engineering Pty Ltd v Energetech Australia Pty Ltd [2005] FCA 1672

FEDERAL COURT OF AUSTRALIA

Sides Engineering Pty Ltd v Energetech Australia Pty Ltd [2005] FCA 1672 PRACTICE – particulars – whether proper requests – whether answers sufficient. Bailey v Federal Commissioner of Taxation (1977) 136 CLR 214 applied R v Associated Northern Collieries (1910) 11 CLR 738 applied Sims v Wran [1984] 1 NSWLR 317 applied SIDES ENGINEERING PTY LTD v ENERGETECH AUSTRALIA PTY LTD NSD 1280 OF 2005 EDMONDS J 22 NOVEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1280 OF 2005

BETWEEN: SIDES ENGINEERING PTY LTD

APPLICANT

AND: ENERGETECH AUSTRALIA PTY LTD

RESPONDENT

JUDGE: EDMONDS J

DATE OF ORDER: 22 NOVEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicant provide the further and better particulars to the respondent's requests as indicated in the reasons for judgment on or before 13 December 2005 or on or before such later date as may be agreed between the parties. 2. The applicant pay the respondent's costs of the motion.

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

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1280 OF 2005

BETWEEN: SIDES ENGINEERING PTY LTD

APPLICANT

AND: ENERGETECH AUSTRALIA PTY LTD

RESPONDENT

JUDGE: EDMONDS J

DATE: 22 NOVEMBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT (MOTION FOR PARTICULARS)

Edmonds J: 1 This is a motion, filed 22 September 2005, by the respondent in the proceedings, Energetech Australia Pty Ltd ('Energetech'), seeking further and better particulars from the applicant, Sides Engineering Pty Ltd ('Sides Engineering'), of certain claims made in its Statement of Claim. Sides Engineering filed an Amended Statement of Claim on 4 October 2005 but Energetech's requests for further and better particulars do not go to any of the paragraphs of the Statement of Claim that were amended by the Amended Statement of Claim. 2 The underlying dispute in this case concerns drilling and coring services which Sides Engineering undertook to provide to Energetech in connection with its Port Kembla Wave Energy Project pursuant to a contract entered into on or about 7 June 2004. 3 The instant dispute arises out of the following requests and responses: (1) Energetech's original requests for further and better particulars of the Statement of Claim: Letter from Clark McNamara to Doyles dated 5 September 2005; (2) Sides Engineering's responses to those requests: Letter from Doyles to Clark McNamara dated 15 September 2005; (3) Energetech's requests for additional further and better particulars as well as pressing some of its original requests in the form of a consolidated request: Letter from Clark McNamara to Doyles dated 4 October 2005. (4) Sides Engineering's responses to the consolidated request for particulars: Letter from Doyles to Clark McNamara dated 31 October 2005. 4 The claims in the Amended Statement of Claim allege various material facts over some 165 paragraphs. The dispute over the provision of further and better particulars is, in this context, quite narrow. It concerns pars 11(c) and (d); 20; 29, 30 and 31 which are, in context, related; 87(b); 88, 149 and 153 to be dealt with together; and 131 and 132 to be dealt with together.