Lardil, Kaiadilt, Yangkaal & Gangalidda Peoples v State of Queensland & Ors [2000] FCA 1959

Lardil, Kaiadilt, Yangkaal & Gangalidda Peoples v State of Queensland & Ors [2000] FCA 1959

Leave to withdraw the admissions was granted because the Commonwealth gave a reasoned explanation arising from the unfolding evidence, the public interest favoured full litigation of the existence of any "permission system" on the whole of the evidence, and the applicants were not shown to suffer material prejudice, with any Browne v Dunn issues remaining available in the assessment of evidence.

Jurisdiction
Australia
Judgment Date
19 December 2000
Procedural Posture
Notice of Motion Seeking Amendment of Points of Response and Withdrawal of Admissions / Interlocutory Application
Outcome
The Commonwealth was granted leave to withdraw the admissions and amend its Points of Response; costs were reserved.
Legal Topics
['pleadings' 'withdrawal of Admissions' 'amendment of Points of Response' 'permission System' 'public Interest' 'prejudice' 'rule in Browne V Dunn']
['practice and Procedure' 'native Title'] ['pleadings' 'withdrawal of Admissions' 'amendment of Points of Response' 'permission System' 'public Interest' 'prejudice' 'rule in Browne V Dunn']

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Procedural Posture

Notice of Motion Seeking Amendment of Points of Response and Withdrawal of Admissions / Interlocutory Application

Legal Issues

  1. 1 ['Whether the Commonwealth should be given leave to withdraw admissions made in its Points of Response about the "permission system".' 'Whether the explanation for withdrawing the admissions, the public interest, and any prejudice to the applicants justified granting leave.']

Ratio Decidendi

Leave to withdraw the admissions was granted because the Commonwealth gave a reasoned explanation arising from the unfolding evidence, the public interest favoured full litigation of the existence of any "permission system" on the whole of the evidence, and the applicants were not shown to suffer material prejudice, with any Browne v Dunn issues remaining available in the assessment of evidence.

Court Disposition

The Commonwealth was granted leave to withdraw the admissions and amend its Points of Response; costs were reserved.

Orders

  • ['The second respondent be given leave to withdraw the admissions and amend its Points of Response as indicated in exhibit "HN1" to the affidavit of Helen Margaret Neville deposed to on 7 December 2000.' 'Costs reserved.']