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Pleadings – their purpose

In Kirby v Sanderson Motors Pty Ltd (2001) 54 NSWLR 135; [2002] NSWCA 44 at [20] – [21] Hodgson JA said, inter alia: “The general requirement to avoid surprise means that material facts must be stated in such a way that the defending can understand the materiality of the facts, that is, how they relate to a…

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Pleadings – form

Bryson J in Northam v Favelle Favco Holdings Pty Ltd (Supreme Court (NSW), Bryson J, 7 March 1995, unrep): It is not fair to require a defendant to flesh out general expressions or indirect allusions by piecing together information in other documents such as affidavits or experts’ reports. He might get it wrong, and the greater the complexities are, the more…

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