Duckham v Duckham [2023] NSWDC 524

District Court New South Wales

Medium Neutral Citation: Duckham v Duckham [2023] NSWDC 524 Hearing dates: 3 November 2023 Date of orders: 3 November 2023 Decision date: 03 November 2023 Jurisdiction: Civil Before: Dicker SC DCJ Decision: In relation to the Notice of Motion filed on 24 October 2023: (1) The Notice of Motion is dismissed. (2) The defendant is to pay the plaintiff's costs of the Notice of Motion as agreed or assessed. In relation to the Notice of Motion filed on 20 October 2023: (1) The Notice of Motion is adjourned to 8 December 2023 at 10:00am. (2) The defendant is to pay the plaintiff's costs of 3 November 2023 as agreed or assessed. In relation to the proceedings generally: (1) The defendant is to file and serve any Notice of Motion seeking leave to rely on any further draft Cross-Claim by 1 December 2023 returnable on 8 December 2023. (2) The plaintiff is to send by 5pm on 10 November 2023 a letter requesting further and better particulars of paragraph 10 of the Defence filed on 18 August 2023. (3) The defendant is to provide an answer to the request for particulars referred to in Order 2 by 1 December 2023. Catchwords: PRACTICE AND PROCEDURE – vague pleadings and lack of particularisation – liberty granted to replead JURISDICTION – jurisdiction of the District Court to grant relief Legislation Cited: Australian Consumer Law Civil Procedure Act 2005 (NSW) Contracts Review Act 1980 (NSW) District Court Act 1973 (NSW) Cases Cited: AD v Commissioner for Australian Federal Police [2018] NSWCA 89 Burton v The Office of the Director of Public Prosecutions [2019] NSWCA 245 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Great Northern Developments Pty Ltd v Lane [2021] NSWCA 150 Jackamarra v Krakouer (1998) 195 CLR 516 Mohammed v Unicomb [2017] NSWCA 65 Pelechowski v The Registrar Court of Appeal (NSW) (1999) 198 CLR 435 Category: Procedural rulings Parties: Linda Joy Duckham (Plaintiff) Helen Jane Duckham (Defendant) Representation: Counsel: A Guy (Plaintiff) In Person (Defendant)