Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Danaher v Westfund Limited [2020] FCA 908 File number: NSD 501 of 2018
Judge: BROMWICH J
Date of judgment: 30 June 2020
Catchwords: PRACTICE AND PROCEDURE – application for particulars – where respondent previously responded to request for particulars by reference to affidavit – where application for particulars different to those requested – particulars necessary to respond to pleadings – application granted
Legislation: Federal Court Rules 2011 (Cth) r 16.02, r 16.08, r 16.45
Date of last submissions: 25 March 2020
Registry: New South Wales
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 21
Counsel for the Applicant: Mr S A Lawrence
Solicitor for the Applicant: Watson Mangioni Lawyers Pty Ltd
Counsel for the Respondent: Mr E A J Hyde
Solicitor for the Respondent: Carter Newell Lawyers
ORDERS NSD 501 of 2018
BETWEEN: MR GRAHAME DANAHER Applicant
AND: WESTFUND LIMITED ACN 002 080 864 Respondent
AND BETWEEN: WESTFUND LIMITED ACN 002 080 864 Cross-Claimant
AND: MR GRAHAME DANAHER Cross-Respondent
JUDGE: BROMWICH J DATE OF ORDER: 29 JUNE 2020
THE COURT ORDERS THAT:
1. Within 28 days or such further time as may be allowed by the Court, the respondent provide to the applicant particulars of any conduct by act or omission, other than those pleaded at paragraph 33A(c) of the respondent's Amended Defence, relied upon by the respondent to support the validity of its purported termination of the applicant's contract of employment on 28 November 2016, including: (a) a description of any alleged act or omission relied upon as constituting misconduct; (b) so far as practicable, the place, date and time at which each instance of alleged misconduct is said to have occurred. 2. The costs of and incidental to the applicant's interlocutory application dated 5 February 2020 be costs in the cause. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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