Stafford & anor v Kekatos & anor (No 2) [2008] NSWSC 1044

Stafford & anor v Kekatos & anor (No 2) [2008] NSWSC 1044

The defendants failed to show that the admission of execution and delivery of the document was wrongly made or inadvertently made by Mrs Kekatos. Key evidence (from Mrs Kekatos, the signatory) was absent. Allowing withdrawal would cause significant forensic prejudice to the plaintiffs given the centrality of the admission to the contemporaneity and significance of the document. The application for leave to withdraw admissions was therefore dismissed.

Jurisdiction
Australia
Judgment Date
08 August 2008
Procedural Posture
Application to Withdraw Admissions / Mid Trial Determination on Notice of Motion
Outcome
Application for leave to withdraw admissions dismissed.
Legal Topics
['admissions in Pleadings' 'leave to Withdraw Admissions' 'prejudice to Parties']
['civil Procedure' 'equity'] ['admissions in Pleadings' 'leave to Withdraw Admissions' 'prejudice to Parties']

Case Brief

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Procedural Posture

Application to Withdraw Admissions / Mid Trial Determination on Notice of Motion

Legal Issues

  1. 1 ['Whether defendants should be granted leave to withdraw admissions to execution and delivery of document as alleged in Amended Statement of Claim paragraph 44A' 'Whether the admission was wrongly or inadvertently made' 'Whether prejudice to the plaintiffs would result from withdrawal']

Ratio Decidendi

The defendants failed to show that the admission of execution and delivery of the document was wrongly made or inadvertently made by Mrs Kekatos. Key evidence (from Mrs Kekatos, the signatory) was absent. Allowing withdrawal would cause significant forensic prejudice to the plaintiffs given the centrality of the admission to the contemporaneity and significance of the document. The application for leave to withdraw admissions was therefore dismissed.

Court Disposition

Application for leave to withdraw admissions dismissed.

Orders

  • ['Notice of Motion filed today dismissed with costs.']