Arbabun v Comptroller-General of Customs [2018] FCA 2105

Arbabun v Comptroller-General of Customs [2018] FCA 2105

The effective withdrawal of the admissions was not authorised by r 16.55 because denial of the allegations in paragraphs 4 and 24 was not responsive to the amendments in the sense identified in Yarrabee. However, leave should be given because the introduction of conversion, trespass to goods and detinue materially changed the significance of the allegations, and the applicants identified no prejudice beyond loss of the benefit of the admissions. Consequently, the respondents should have leave to amend the defence and the Comptroller-General should have leave to amend the cross-claim. Standard discovery was not justified at this stage, but non-standard discovery should be ordered for the...

Jurisdiction
Australia
Judgment Date
21 December 2018
Procedural Posture
Practice and Procedure Application Concerning Amended Defence, Withdrawal of Admission, Amended Notice of Cross Claim and Discovery / Case Management Hearing
Outcome
Directions made; the reasons indicate leave to amend the defence and cross-claim should be granted and discovery should be limited to non-standard discovery categories.
Legal Topics
['amendment of Pleadings' 'withdrawal of Admissions' 'cross Claim Amendments' 'discovery' 'customs Control and Forfeiture']
['practice and Procedure' 'civil Procedure' 'customs Law'] ['amendment of Pleadings' 'withdrawal of Admissions' 'cross Claim Amendments' 'discovery' 'customs Control and Forfeiture']

Case Brief

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Procedural Posture

Practice and Procedure Application Concerning Amended Defence, Withdrawal of Admission, Amended Notice of Cross Claim and Discovery / Case Management Hearing

Legal Issues

  1. 1 ['Whether the respondents required leave to withdraw admissions in paragraphs 4 and 24 of the defence to the statement of claim that an Australian Border Force official took possession of the jewellery on 14 August 2015.' 'If leave was required, whether leave should be given to withdraw the admissions and file the amended defence to the further amended statement of claim.' 'Whether the Comptroller-General as cross-claimant should have leave to amend the statement of cross-claim by deleting allegations that an officer took possession of the jewellery.' 'Whether discovery should be standard discovery or limited to specified categories of documents.']

Ratio Decidendi

The effective withdrawal of the admissions was not authorised by r 16.55 because denial of the allegations in paragraphs 4 and 24 was not responsive to the amendments in the sense identified in Yarrabee. However, leave should be given because the introduction of conversion, trespass to goods and detinue materially changed the significance of the allegations, and the applicants identified no prejudice beyond loss of the benefit of the admissions. Consequently, the respondents should have leave to amend the defence and the Comptroller-General should have leave to amend the cross-claim. Standard discovery was not justified at this stage, but non-standard discovery should be ordered for the...

Court Disposition

Directions made; the reasons indicate leave to amend the defence and cross-claim should be granted and discovery should be limited to non-standard discovery categories.

Orders

  • ["On or before 31 January 2019, counsel for the parties confer and submit a minute of order for the Court's consideration that addresses the resolution of the contested issues and provides for other directions that the parties desire to prepare the case for hearing."]