Forbes Engineering (Asia) Pte Limited v Forbes (No 3) [2007] FCA 1637

Forbes Engineering (Asia) Pte Limited v Forbes (No 3) [2007] FCA 1637

The Court held that the respondents had withdrawn admissions in the second further amended defence without obtaining the necessary leave from the Court as required by Order 22 rule 4(2) Federal Court Rules. Therefore, Order 1 from 18 October 2007 should be set aside and the second further amended defence filed 19 October 2007 should be struck out.

Jurisdiction
Australia
Judgment Date
29 October 2007
Procedural Posture
Practice and Procedure / Interlocutory Application to Set Aside Order and to Strike Out Amended Defence
Outcome
Order set aside; second further amended defence struck out
Legal Topics
['withdrawal of Admissions' 'amendment of Pleadings' 'setting Aside Court Orders']
['civil Procedure'] ['withdrawal of Admissions' 'amendment of Pleadings' 'setting Aside Court Orders']

Case Brief

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Procedural Posture

Practice and Procedure / Interlocutory Application to Set Aside Order and to Strike Out Amended Defence

Legal Issues

  1. 1 ['Whether the second further amended defence filed by the respondents contained withdrawals of admissions requiring leave of the Court under Order 22 rule 4(2) Federal Court Rules' 'Whether proper procedure was followed in permitting or striking out the amended defence' 'Whether Order 1 of the orders made 18 October 2007 should be set aside']

Ratio Decidendi

The Court held that the respondents had withdrawn admissions in the second further amended defence without obtaining the necessary leave from the Court as required by Order 22 rule 4(2) Federal Court Rules. Therefore, Order 1 from 18 October 2007 should be set aside and the second further amended defence filed 19 October 2007 should be struck out.

Court Disposition

Order set aside; second further amended defence struck out

Orders

  • ['Order 1 of Orders made by Collier J in these proceedings on 18 October 2007 be set aside pursuant to Order 35 rule 7(1) Federal Court Rules.' 'The second further amended defence filed by the respondents on 19 October 2007 be struck out.']