Hill End Gold Ltd v First Tiffany Resource Corp [2008] NSWSC 866

Hill End Gold Ltd v First Tiffany Resource Corp [2008] NSWSC 866

Leave was granted to withdraw the admissions because the contract and common understanding pleaded were unsustainable and admitting them would result in the case proceeding on a false factual premise. The admissions were made without proper appreciation of the true contractual position and without realising that a viable defence existed, and there was no irretrievable or incurable prejudice to the plaintiff.

Jurisdiction
Australia
Judgment Date
22 August 2008
Procedural Posture
Application to Withdraw Admissions / Interlocutory Motion (leave to Withdraw Admissions in Amended Defence)
Outcome
Leave granted to the defendant to withdraw admissions; further procedural orders made.
Legal Topics
['withdrawal of Admissions' 'pleadings' 'prejudice and Fair Trial']
['civil Procedure'] ['withdrawal of Admissions' 'pleadings' 'prejudice and Fair Trial']

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Procedural Posture

Application to Withdraw Admissions / Interlocutory Motion (leave to Withdraw Admissions in Amended Defence)

Legal Issues

  1. 1 ['Whether leave should be granted to the defendant to withdraw admissions made in amended defence' 'Whether the admissions were wrongly or inadvertently made' 'Whether withholding leave would result in a false factual basis and preclude a viable defence' 'Assessment of prejudice to the plaintiff if leave is granted']

Ratio Decidendi

Leave was granted to withdraw the admissions because the contract and common understanding pleaded were unsustainable and admitting them would result in the case proceeding on a false factual premise. The admissions were made without proper appreciation of the true contractual position and without realising that a viable defence existed, and there was no irretrievable or incurable prejudice to the plaintiff.

Court Disposition

Leave granted to the defendant to withdraw admissions; further procedural orders made.

Orders

  • ['Pursuant to (NSW) Uniform Civil Procedure Rules, r 12.6, leave granted to defendant to withdraw admissions made in amended defence of allegations in paragraphs 5, 6, 8 and 9 of the amended statement of claim.' 'Leave granted to plaintiff to file any further amended statement of claim by 5 September 2008.'...