PRACTICE AND PROCEDURE – interlocutory application by fourth to sixth respondents seeking dismissal of proceedings, stay of proceedings, or strike out of fourth amended statement of claim and third amended originating application – application seeking dismissal refused – where the fourth to sixth respondents are former solicitors for the first respondent – whether a fair defence to proceedings is possible – whether there was a refusal to waive privilege – application for stay refused – where strike out sought pursuant to the Federal Court Rules 2011 (Cth) – where further particulars sought in the alternative – reasons to be read in conjunction with Hillier v Martin (No 14) [2022] FCA 984 – where pleadings clear and not vague, ambiguous or embarrassing – where leave granted to amend fourth amended statement of claim – where applicant required to provide some further particulars – application to strike-out refused
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0894
For more information, see the original judgement.
