In the matter of Bluemine Pty Limited (in liq) [2019] NSWSC 1807

In the matter of Bluemine Pty Limited (in liq) [2019] NSWSC 1807

The evidence provided does not justify withdrawal of the admission, and although withdrawal would cause no prejudice to the plaintiff, there is prejudice to the public interest in maintaining the importance of verified defences. Therefore, leave to withdraw the admission is refused.

Jurisdiction
Australia
Judgment Date
18 June 2019
Procedural Posture
Civil / Interlocutory Application
Outcome
Leave to withdraw admission refused; application dismissed.
Legal Topics
['withdrawal of Admissions' 'verified Defences' 'appointment of Liquidator']
['civil Procedure' 'corporations'] ['withdrawal of Admissions' 'verified Defences' 'appointment of Liquidator']

Case Brief

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Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 ['Whether leave should be granted to withdraw an admission made in a verified defence' 'Whether the admission was made deliberately or in error' 'Whether withdrawal causes prejudice to the plaintiff or the public interest']

Ratio Decidendi

The evidence provided does not justify withdrawal of the admission, and although withdrawal would cause no prejudice to the plaintiff, there is prejudice to the public interest in maintaining the importance of verified defences. Therefore, leave to withdraw the admission is refused.

Court Disposition

Leave to withdraw admission refused; application dismissed.

Orders

  • ['Leave to withdraw admission in respect of paragraph 3 of the Amended Statement of Claim refused.' "Mr Cassaniti to pay the Plaintiffs' costs in the application as agreed or as assessed."]