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However, two matters should be understood.
(a)
The power should only be exercised when the pleading is seriously inadequate
and fails to convey the nature of the party's case or is such as to pose a serious
risk of requiring significant expenditure of unnecessary costs. The power
should, in other words only be used when its exercise is necessary for disposing
fairly of the matter or for saving costs. It should not be exercised in respect of
peripheral imperfections.
(b)
The power should only be exercised when the defective pleading comes to the
court's notice in the ordinary course. It is not suggested that the court should
proactively schedule a case management hearing simply to deal with defective
pleadings.
Recommendation 33: The court should have power to require, of its own
motion and in such manner as it sees fit, any party or parties to particularise or
amend their pleadings where clarification is necessary for disposing fairly of the
cause or matter or for saving costs.
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