Owners Strata Plan No 80453 v Walsh [2014] NSWSC 729

Procedural Posture

Procedural and Other Ruling / Issue Before the Court Whether a Technology and Construction List Response Was Effective to Withdraw an Admission Made in an Original List Response

Legal Issues

1. 1 ['Whether consent or leave was required to withdraw an admission made in the original Technology and Construction List Response.' 'Whether the subsequently filed List Response, together with the consent order permitting it to be filed, was sufficient compliance with UCPR r 12.6.' 'Whether the plaintiff was on notice that the second List Response withdrew the earlier admission concerning the capacity in which Mr Walsh was engaged.']

Ratio Decidendi

The second List Response and the consent order giving leave to file it were sufficient compliance with UCPR r 12.6 because the plaintiff was objectively on notice, from the differences between the two List Responses, that the prior admission was being withdrawn, and the plaintiff consented to the filing of the second List Response by consent order.

Court Disposition

The second defendant was entitled to rely on its second List Response, despite the absence of the earlier admission.

Orders

• ['The second defendant should be entitled to rely on its second List Response, even though that List Response no longer contains an admission that it had previously made.']