NEWLAND CONSTRUCTION LIMITED v BROOKES

The Applicants applied for particulars of the Respondents’ Statement of Claim pursuant to Rules 3.61(1) and 3.61(2). Master Prowse noted that in seeking particulars, the applicant cannot require the respondent to provide evidence supporting its allegations. If an applicant feels that allegations in a Statement of Claim are factually unfounded, then the applicant may bring an Application for Summary Dismissal.

Master Prowse also noted that in certain causes of action, the plaintiff will necessarily have few particulars. In those circumstances, it is not appropriate for the defendant to request particulars. Furthermore, the Court noted that in the present case, the Applicants should have no difficulties framing their Statement of Defence without the particulars, and in any event, records held by the Respondents would be disclosed in their Affidavit of Records. Master Prowse dismissed the Application.