Abrook, R.L. & Ors v Paterson, G. & Ors [1995] FCA 559

Abrook, R.L. & Ors v Paterson, G. & Ors [1995] FCA 559

The defence filed in the Supreme Court is to be construed according to the Supreme Court Rules, which result in deemed admissions unless amended; s11(3) of the Cross-Vesting Act does not alter the substantive effect of those pleadings upon transfer but obviates the need to refile; leave is granted to amend where genuine dispute exists.

Jurisdiction
Australia
Judgment Date
02 August 1995
Procedural Posture
Application to Amend Defence and Clarification of Procedural Rules / Interlocutory Decision
Outcome
Leave granted to Horwaths to amend their defence where genuine dispute exists as to facts currently deemed admitted. Court will hear further on terms of leave and possible formal order on applicants' motion.
Legal Topics
['pleadings' 'cross Vesting' 'court Rules' 'amendment of Defence']
['procedure' 'federal Jurisdiction'] ['pleadings' 'cross Vesting' 'court Rules' 'amendment of Defence']

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Procedural Posture

Application to Amend Defence and Clarification of Procedural Rules / Interlocutory Decision

Legal Issues

  1. 1 ['Whether pleadings closed in the Supreme Court of South Australia are to be construed according to Supreme Court Rules or Federal Court Rules after transfer to the Federal Court of Australia' 'Whether the defence filed in the Supreme Court contains deemed admissions by virtue of Supreme Court Rules and if so, whether leave should be granted to amend' 'Interpretation and application of s11(3) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth)']

Ratio Decidendi

The defence filed in the Supreme Court is to be construed according to the Supreme Court Rules, which result in deemed admissions unless amended; s11(3) of the Cross-Vesting Act does not alter the substantive effect of those pleadings upon transfer but obviates the need to refile; leave is granted to amend where genuine dispute exists.

Court Disposition

Leave granted to Horwaths to amend their defence where genuine dispute exists as to facts currently deemed admitted. Court will hear further on terms of leave and possible formal order on applicants' motion.

Orders

  • []