LANGUAGE

Cremona v. Philip Morris & Ors

This was an application by the defendants to strike out the plaintiff's statement of claim and for further and better discovery. The plaintiff had brought a claim against the defendants alleging that she had contracted lung disease by smoking their cigarettes.

The defendants had numerous complaints about the form of the plaintiff's pleading. Hedigan J agreed that the statement of claim was insufficient to give the defendants notice of the claim against them, and therefore struck out the statement of claim and gave the plaintiff leave to re-plead it.

Hedigan J also rejected the defendants' application for further and better discovery by the plaintiff of her medical records because it was not fair in the circumstances.

This decision is one of 5 procedural decisions in these proceedings. The plaintiff ultimately discontinued the case. See also: Cremona v. Philip Morris & Ors [1996] VicSC 241; Cremona v. Philip Morris & Ors [1997] VicSC 123; Cremona v. Philip Morris & Ors [1997] VicSC 534; and Cremona v. Philip Morris & Ors [1997] VicSC 552.