NSW Further and better particulars

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Jaywoo220

Well-Known Member
11 November 2019
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The defendants solicitor has requested
by letter "further and better" particulars today, 21st October.

It is not a court order.

They had until tomorrow (22nd October) to file a defence as per standard timetable.

Options?

Can I ignore letter and file for judgement?

Thanks.
 

Rod

Lawyer
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27 May 2014
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No. You wait till the lapsed time, then send them a reminder to file and a notice saying you intend to file for summary judgment. Then file.

Says of surprising the other side are over.
 

Jaywoo220

Well-Known Member
11 November 2019
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Will they use that letter of "further and better particulars" to set aside the summary judgement if I am issued one?

Would it likely be set aside?

Thanks.
 

Rod

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No.

They could have made the request 2-4 weeks ago the received your claim.
 

Rod

Lawyer
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I'm not in NSW and don't use their forms.
 

Jaywoo220

Well-Known Member
11 November 2019
397
5
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No worries. I seen that after I posted. I do not usually look at the bios.

If their are multiple defendants and one does not plead can you enter judgement against them.
 

Rod

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Laws around this are State based so I am of limited value.

The answer is not 'yes' or 'no'. The answer is 'it depends'.

Depends on your claim and how it is structured, plus default judgments even if granted, can be set aside. Default judgment may also mean the action against the remaining defendants comes to an end because you have your remedy.
 

Jaywoo220

Well-Known Member
11 November 2019
397
5
589
Should you be honest in further and better partiulars. For example, you should tell them if you have evidence in statements and not leave it to trial?