Fregnan v Stanizzo [2016] NSWCA 264

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Fregnan v Stanizzo [2016] NSWCA 264 Hearing dates: 29 August 2016 Decision date: 22 September 2016 Before: Beazley P at [1]; Macfarlan JA at [2]; Leeming JA at [42] Decision: (1) Grant leave to appeal. (2) Direct that Ms Fregnan's Notice of Appeal be filed and served within seven days of the date of this judgment. (3) Allow the appeal. (4) Set aside the orders made in the District Court dismissing the proceedings and ordering the plaintiff to pay the defendant's costs of the proceedings, including the Notice of Motion of 19 October 2015, on an indemnity basis. (5) Dismiss Mr Stanizzo's Notice of Motion dated 19 October 2015 and order him to pay Ms Fregnan's costs of that Motion. (6) Order Mr Stanizzo to pay Ms Fregnan's costs of the proceedings in this Court. (7) Grant Mr Stanizzo a certificate under the Suitors' Fund Act 1951 (NSW), if qualified. Catchwords: PRACTICE AND PROCEDURE - particulars of claim - Uniform Civil Procedure Rules 2005 (NSW), r 15.1 - adequacy of particulars - detailed particulars of background or context of allegations not required - particulars of high degree of specificity not necessarily required in relation to central allegations - whether requests for particulars were in effect interrogatories Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57 Uniform Civil Procedure Rules 2005 (NSW), rr 15.1, 15.2 Cases Cited: Dare v Pulham (1982) 148 CLR 658; [1982] HCA 70 Sims v Wran [1984] 1 NSWLR 317 Category: Principal judgment Parties: Karina Vivianna Fregnan (Appellant) Vincent Francis Stanizzo (Respondent) Representation: Counsel: A Kumar (Appellant) M K Rollinson (Respondent)