Sean Russell appeared for the Second, Third and Fourth Defendants, instructed by Cooper Grace Ward.
This case concerned two applications brought by the first defendant: (1) an application to strike out all or part of the Plaintiff’s statement of claim, and (2) an application to withdraw admissions. The Court struck out the statement of claim, finding it lacked brevity, failed to properly identify the material facts supporting each cause of action, and risked unnecessarily broadening the scope of disclosure and evidence. As such, it contravened rule 149(1)(a) and (b) of the Uniform Civil Procedure Rules 1999 (Qld). The Court ordered the first defendant leave to withdraw the relevant admissions in the defence.
The judgment can be read by clicking here
