Street & 7 ors v Luna Park Sydney Pty Ltd & 3 ors [2006] NSWSC 533

New South Wales Supreme Court

CITATION : Street & 7 ors v Luna Park Sydney Pty Ltd & 3 ors [2006] NSWSC 533

HEARING DATE(S) : 12 May 2006 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 05/12/2006

DECISION : Refuse application for an order that para 4.7 of the Fourth Amended Statement of Claim be struck out.

CATCHWORDS : PROCEDURE – Pleadings – Particulars - Summary dismissal and striking out – where allegation in claim is a possible explanation of circumstances but particulars so far provided are insufficient if proved to sustain allegation – where facts relevant to allegation are known to defendants but not to plaintiff – where plaintiff will require discovery to further particularise allegation - obligation of a party to supply particulars is only to supply the best particulars that they can give – party may be required to supplement particulars after discovery.

LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW)

CASES CITED : Cyril Leonard v Securities Trust Limited [1971] 3 All ER 1313; [1972] 1 WLR 80 Marshall v The Oceanic Steam Yachting Company (1885) 1 TLR 394

Joan Street (first plaintiff) Ros Dwyer (second plaintiff) Michael Hess (third plaintiff) Glen Eight Pty Ltd (fourth plaintiff) Susan Hesse (fifth plaintiff) PARTIES : Robert Simkin (sixth plaintiff) Glen Federick Billington (seventh plaintiff) Fiona Jeanette Billington (eighth plaintiff) Luna Park Sydney Pty Ltd (first defendant) Metro Edgley Pty Ltd (second defendant) Peter Hearne (third defendant) Warwick Doughty (fourth defendant)