Federal Court of Australia
Federal Court of Australia
Vivian v Youi Pty Ltd [2025] FCA 50 File number(s): WAD 199 of 2024
Judgment of: JACKMAN J
Date of judgment: 3 February 2025
Catchwords: PRACTICE AND PROCEDURE — interlocutory application to strike out paragraph in applicant's reply concerning adjacent property — pursuant to Federal Court Rules 2011 (Cth) r 16.21 — where landslip occurs at property — where insurer declines to cover cost of property damage — whether paragraph pleading details of landslip at adjacent property is relevant — where respondent's engineering expert reports that "it was very doubtful" that what occurred at [adjacent property] would be relevant" — where factual basis for paragraph is a lay witness assertion — where paragraph "may" be further substantiated by geotechnical expert witness — geotechnical expert required to determine similarities between properties — application to strike out dismissed
Legislation: Federal Court Rules 2011 (Cth)
Cases cited: Andrews v Australia and New Zealand Banking Group Ltd [2011] FCA 388; (2011) 281 ALR 113
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 10
Date of hearing: 3 February 2025
Solicitor for the Applicant: Mr P Jarman of Jarman Legal
Counsel for the Respondent: Mr K Holyoak
Solicitor for the Respondent: Holman Webb Lawyers
ORDERS WAD 199 of 2024
BETWEEN: SHANE VIVIAN First Applicant
JODI ELIZABETH VIVIAN Second Applicant
AND: YOUI PTY LTD Respondent
order made by: JACKMAN J DATE OF ORDER: 3 FEBRUARY 2025
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