SHORRLONG PTY LTD V NORTHERN TERRITORY HOUSING COMMISSION [1999] NTSC 140
Supreme Court of NT – 10 December 1999
FACTS
Shorrlong was retained by the Commission to supply labour and materials for the maintenance of various dwellings in Alice Springs. The contract was due to expire on 31 December 1995. On 30 March 1995, the Commission gave written notice to Shorrlong to terminate the contract. Shorrlong claimed that the Commission had wrongfully repudiated the contract and elected to accept the Commission’s repudiation. Shorrlong sued the Commission for breach of contract.
In its Defence the Commission claimed that Shorrlong had made false claims for labour and materials which had not been supplied in breach of an implied fundamental term of the contract. Shorrlong objected to the pleadings in the Commission’sDefence on the grounds that it failed to provide particulars of the alleged fraud. The Commission sought discovery of documents held by Shorrlong.
ISSUES
Should the Court order that Shorrlong make discovery before the Commission was required to particularise its pleadings relating to the fraud?
FINDING
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