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Seabrook v Allianz Australia Insurance Limited

 

[2004] QSC 407

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

DOUGLAS J

No 9379 of 2001

MARK LEONARD SEABROOK

Plaintiff

and

 

ALLIANZ AUSTRALIA INSURANCE LIMITED

First Defendant

and

 

CLUB MARINE LTD

Second Defendant

and

 

TROY ERIN LUCK

Third Defendant

and

 

BRIAN ERNEST ASHOR

Fourth Defendant

BRISBANE

DATE 03/11/2004

JUDGMENT

HIS HONOUR: In this matter Mullins J ordered the plaintiff to provide further particulars of allegations made in paragraph 41A of the further amended statement of claim filed on 4 March 2004. There is no issue about the obligation to provide those particulars. The plaintiff, however, wishes to provide them only after the resolution of an appeal by the fourth defendant against the refusal of her Honour to resolve an issue in respect of paragraph 51(c) (iii) of that pleading in his favour.

That pleading is one of aggravated damages which refers back to conduct particularised in, amongst other paragraphs of the pleading, paragraph 41A but not in such a way as should delay the plaintiff in properly particularising the allegations in that paragraph.

It seems to me that the two issues are unconnected and that the fourth defendant is entitled to a properly particularised pleading within a reasonable time of her Honour's order which was made on 27 May 2004. The argument that it is more convenient to do so after the resolution of the appeal does not impress me, particularly as the plaintiffs have previously agreed to provide the particulars by certain dates which they now wish not to do.

It is my view that the fourth defendant is entitled now to know what the allegations made against him are in order to allow him to continue to prepare for the trial of the matter. The appeal on an unrelated issue should not prevent that process occurring.

Accordingly, I order that the plaintiff comply with the order made by the Honourable Justice Mullins in respect of paragraph 41A of the further amended statement of claim dated 27 May 2004 on or before 8 November 2004.

HIS HONOUR: I order that the respondent/plaintiff pay the applicant/fourth defendant's costs of and incidental to the application.

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Editorial Notes

  • Published Case Name:

    Mark Leonard Seabrook v Allianz Australia Insurance Limited

  • Shortened Case Name:

    Seabrook v Allianz Australia Insurance Limited

  • MNC:

    [2004] QSC 407

  • Court:

    QSC

  • Judge(s):

    Douglas J

  • Date:

    03 Nov 2004

Litigation History

No Litigation History

Appeal Status

No Status