Instructed by Jones Day, Matthew Hickey KC leading James Penrose, represented the defendant/respondent in proceeding 1590 of 2022 and represented the fourth and fifth defendant/respondents in proceeding 2371 of 2024.
This case concerned two applications by Weststate Private Hospital Limited to strike out further and better particulars provided by the defendants and to obtain relief under rr 162 and 374 of the Uniform Civil Procedure Rules 1999 (Qld) for alleged non-compliance with earlier court orders requiring further particulars.
Williams J dismissed the applications, holding that the defendants had substantively complied with the earlier orders, that the further particulars were responsive and adequate, and that any complaints raised by the plaintiff went to the merits of the case rather than deficiencies in the pleadings. The plaintiff was ordered to pay the defendants’ costs.
The judgment can be read by clicking here
