Polyaire Pty Ltd v Lanthois [2011] FCA 1486

FEDERAL COURT OF AUSTRALIA

Polyaire Pty Ltd v Lanthois [2011] FCA 1486 Citation: Polyaire Pty Ltd v Lanthois [2011] FCA 1486

Parties: POLYAIRE PTY LTD v PETER JAMES LANTHOIS and STEPHEN DUNCAN

File numbers: SAD 183 of 2010 SAD 184 of 2010

Judge: BESANKO J

Date of judgment: 22 December 2011

Catchwords: PRACTICE AND PROCEDURE — Applications for particulars — where plaintiff company had brought successful action in the Supreme Court of South Australia against the companies of which the defendants were the liquidators for infringement of registered designs relating to an air-conditioning part — where plaintiff had obtained costs orders in its favour — where plaintiffs elected remedy of an account of profits — where plaintiff had lodged formal proofs of debt or claim with the defendants in relation to its claim for costs and an account of profits — where proofs of debt or claim substantially rejected — where plaintiff appealed the defendants' decisions pursuant to s 1321(1)(d) of the Corporations Act 2001 (Cth) — where defendants sought particulars of claim — whether the Federal Court Rules 2011 applied to the applications, which were filed before those rules came into force but heard and determined afterwards — whether plaintiff had failed adequately to particularise the methodology it would ask Court to adopt in determining its claim for costs — whether particulars provided by plaintiff in relation to the account of profits claims were pleadings of evidence and not relevant matters of fact Held: The applications for further particulars in relation to the costs claims were refused; certain particulars provided in relation to the account of profits claims were struck out.