Order for further and better particulars in case in which fraud alleged

Defendants' application for particulars - defendants' application for dismissal of the plaintiff's claim for being an abuse of process - plaintiff alleges fraud on the part of the fourth defendant as a result of misrepresentations made as to the quality of stone which it purchased - plaintiff alleges first, second, third and fifth defendants procured the fraudulent misrepresentation and are joint tortfeasors - whether plaintiff has set out claim in sufficient detail to allow the defendants to known the outline of the case made against it - Order 19 Rule 5(2) of the Rules of the Superior Courts - obligation on plaintiff pleading fraud to fully particularise claim - Statement of Claim in fraud case must set out by whom and to whom the alleged representations were made and whether orally or in writing - whether plaintiff has made out prima facie case of fraud - Court applies judgment of Clarke J in Moorview Developments v First Active - Court must balance obligation of plaintiff to set out its claim clearly with the fact that many plaintiffs will not known the precise nature of the fraud perpetrated - this case unusual in that plaintiff possesses a great deal of information in respect of the events giving rise to proceedings - Court notes plaintiff alleges that defendants failed to carry out sufficient tests and/or disregarded test results - plaintiff has had access to detailed information in this regard - Court of opinion that, given the plaintiff's extensive knowledge, it is essential that the plaintiff set out particulars of each test it says was not carried out - defendants submit that plaintiff must also state whether it alleges that particular tests were either not carried out or ignored - Court holds for these categories that plaintiff should provide particulars in this regard but must do so only after discovery has been provided - in respect of defendants' application to strike out for abuse of process, Court holds that this is clearly not a case in which it should exercise its discretion to do so.