In the matter of JRJ Plumbing Supplies Pty Limited (in liquidation) [2015] NSWSC 2026

In the matter of JRJ Plumbing Supplies Pty Limited (in liquidation) [2015] NSWSC 2026

The amendments and withdrawal of admissions were permitted because the documentary evidence provided a respectable and good arguable basis that the goods were sold and delivered to Services rather than Supplies, the admissions appeared to have been made inadvertently or without detailed knowledge, and the prejudice from delay and the unavailability of Mr Bristow did not outweigh the injustice of preventing the defendant from running that defence.

Jurisdiction
Australia
Judgment Date
23 March 2015
Procedural Posture
Interlocutory Process in Equity Corporations List Proceedings / Application for Leave to File Amended Points of Defence and Withdraw Admissions
Outcome
Leave to amend points of defence and withdraw admissions granted.
Legal Topics
['leave to Amend Points of Defence' 'withdrawal of Admissions' 'insolvent Trading Proceedings' 'prejudice and Delay']
['practice and Procedure' 'corporations'] ['leave to Amend Points of Defence' 'withdrawal of Admissions' 'insolvent Trading Proceedings' 'prejudice and Delay']

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Procedural Posture

Interlocutory Process in Equity Corporations List Proceedings / Application for Leave to File Amended Points of Defence and Withdraw Admissions

Legal Issues

  1. 1 ['Whether the defendant should have leave to amend points of defence.' 'Whether the defendant should have leave to withdraw admissions made in the original points of defence.' 'Whether there was a reasonable or good arguable case contrary to the admissions.' 'Whether prejudice, including delay and the unavailability of a deceased witness, outweighed the injustice of refusing leave.']

Ratio Decidendi

The amendments and withdrawal of admissions were permitted because the documentary evidence provided a respectable and good arguable basis that the goods were sold and delivered to Services rather than Supplies, the admissions appeared to have been made inadvertently or without detailed knowledge, and the prejudice from delay and the unavailability of Mr Bristow did not outweigh the injustice of preventing the defendant from running that defence.

Court Disposition

Leave to amend points of defence and withdraw admissions granted.

Orders

  • ['The defendant have leave to amend its points of defence by filing and serving an amended points of defence in the form of the first amended points of defence annexed to the affidavit of Frederick Laws sworn 16 March 2015.' 'For that purpose, the defendant have leave to withdraw the admissions in paragraphs 3(a),...