Hi-Tec Windows Pty Ltd v Capital Territory Fixing Pty Ltd [2024] NSWSC 306

Hi-Tec Windows Pty Ltd v Capital Territory Fixing Pty Ltd [2024] NSWSC 306

Leave to withdraw the admission was granted because the admission appeared to be contrary to the facts in light of the 5 November 2023 email exchange, and the plaintiff's prejudice from the imminent hearing could be addressed by directions requiring precise pleading and permitting a notice to produce.

Jurisdiction
Australia
Judgment Date
22 March 2024
Procedural Posture
Proceedings to Set Aside an Adjudication Determination Made Under the Building and Construction Industry Security of Payment Act 1999 (nsw) / Notice of Motion by the First Defendant Filed on 19 March 2024 Seeking Leave to Withdraw an Admission in Its List Response
Outcome
Leave to withdraw admission granted on terms.
Legal Topics
['admissions in Pleadings' 'withdrawal of Admission' 'adjudication Determination' 'administrator Consent']
['civil Procedure' 'building and Construction'] ['admissions in Pleadings' 'withdrawal of Admission' 'adjudication Determination' 'administrator Consent']

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Procedural Posture

Proceedings to Set Aside an Adjudication Determination Made Under the Building and Construction Industry Security of Payment Act 1999 (nsw) / Notice of Motion by the First Defendant Filed on 19 March 2024 Seeking Leave to Withdraw an Admission in Its List Response

Legal Issues

  1. 1 ['Whether the first defendant should be granted leave to withdraw an admission in its List Response that the adjudication application was not made, lodged or prepared with the prior written consent of the administrator.' 'Whether any prejudice to the plaintiff arising from the imminence of the hearing could be addressed by directions.']

Ratio Decidendi

Leave to withdraw the admission was granted because the admission appeared to be contrary to the facts in light of the 5 November 2023 email exchange, and the plaintiff's prejudice from the imminent hearing could be addressed by directions requiring precise pleading and permitting a notice to produce.

Court Disposition

Leave to withdraw admission granted on terms.

Orders

  • ["Grant leave to the first defendant to amend its List Response to withdraw the admission in par C10 but on the basis that it pleads with precision the basis on which it contends that it had the consent of its administrator to file the adjudication application the subject of the proceedings including by reference to...