Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Palram Australia Pty Ltd v Rees [2013] FCA 649 Citation: Palram Australia Pty Ltd v Rees [2013] FCA 649
Parties: PALRAM AUSTRALIA PTY LTD ACN 102 673 932 and PALRAM INDUSTRIES (1990) LTD v SIMON ANDREW REES, SIMMTEC PTY LTD ACN 135 018 790, YIWEN ZHANG, SINCERITY AUSTRALIA PTY LTD ACN 116 511 945, VICTORY PLASTICS PTY LTD ACN 151 258 712, SANILEX AUSTRALIA PTY LTD ACN 159 714 119, IAIN BRIAN WHYLEY and MELISSA ANN REES
File number: SAD 331 of 2012
Judge: BESANKO J
Date of judgment: 4 July 2013
Catchwords: PRACTICE AND PROCEDURE – application by eighth respondent for further and better particulars pursuant to r 16.45 of the Federal Court Rules 2011 – where eighth respondent seeks particulars of the alleged knowledge or involvement in the first respondent's wrongful acts – where personal and proprietary remedies sought against the eighth respondent – where applicants oppose application and request discovery before providing particulars – whether the particulars comply with rr 16.41, 16.42, 16.43 and 16.45 of the Federal Court Rules 2011 – whether knowledge has been sufficiently pleaded – whether the eighth respondent can conduct their case without further particulars – whether eighth respondent prejudiced – whether applicants can provide further particulars before discovery. Held: The application be allowed. The eighth respondent bring in draft minutes of order which reflect the conclusions in these reasons.
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