Deangrove Pty Ltd v Commonwealth Bank of Australia [2003] FCA 268

Deangrove Pty Ltd v Commonwealth Bank of Australia [2003] FCA 268

Leave to withdraw the admission was refused because the admission was deliberate, repeated across affidavits and pleadings, and the respondent had acted in reliance; the explanation for wishing to withdraw was unsatisfactory; granting leave would prejudice and unfairly burden the respondent with new and serious allegations late in protracted proceedings and would require a further adjournment.

Jurisdiction
Australia
Judgment Date
28 March 2003
Procedural Posture
Application (motion) Within Ongoing Civil Proceedings / Interlocutory (leave to Withdraw Admission During Trial)
Outcome
Application for leave to withdraw admission refused; motion dismissed.
Legal Topics
['withdrawal of Admission' 'pleadings' 'case Management' 'unfair Prejudice' 'adjournment']
['practice and Procedure'] ['withdrawal of Admission' 'pleadings' 'case Management' 'unfair Prejudice' 'adjournment']

Case Brief

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Procedural Posture

Application (motion) Within Ongoing Civil Proceedings / Interlocutory (leave to Withdraw Admission During Trial)

Legal Issues

  1. 1 ['Whether the applicants should be granted leave to withdraw an admission that Mr Jeans executed a personal guarantee for the benefit of CBA.' 'Whether such withdrawal would cause unfairness or prejudice to the other party.' 'Whether a satisfactory explanation for the admissions was provided.']

Ratio Decidendi

Leave to withdraw the admission was refused because the admission was deliberate, repeated across affidavits and pleadings, and the respondent had acted in reliance; the explanation for wishing to withdraw was unsatisfactory; granting leave would prejudice and unfairly burden the respondent with new and serious allegations late in protracted proceedings and would require a further adjournment.

Court Disposition

Application for leave to withdraw admission refused; motion dismissed.

Orders

  • ["The applicants' motion filed 26 March 2003 be dismissed."]