Limit (No 3) Limited v ACE Insurance Limited (No 2) [2009] NSWSC 1060

Limit (No 3) Limited v ACE Insurance Limited (No 2) [2009] NSWSC 1060

The Court permitted the defendant to partially withdraw its admission in the Scott Schedule concerning costs not paid to third parties (such as internal allocations for labour, equipment, monitoring, and certain equipment purchases) because the admission was made under a genuine misunderstanding and elements of the claim had not been understood to be included. However, the withdrawal is limited and subject to terms to avoid tactical advantage and minimise prejudice to the plaintiff.

Jurisdiction
Australia
Judgment Date
23 February 2009
Procedural Posture
Application in Existing Proceedings / Ruling on Application to Withdraw Part of Admission During Trial
Outcome
Permit defendant to partially withdraw admission, in limited terms.
Legal Topics
['admissions' 'withdrawal of Admissions' 'scott Schedule' 'indemnity Under Insurance Policy']
['civil Procedure' 'insurance Law'] ['admissions' 'withdrawal of Admissions' 'scott Schedule' 'indemnity Under Insurance Policy']

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Procedural Posture

Application in Existing Proceedings / Ruling on Application to Withdraw Part of Admission During Trial

Legal Issues

  1. 1 ['Whether the defendant should be permitted to partially withdraw an admission made in a Scott Schedule concerning amounts incurred for rectification costs by the joint venture.']

Ratio Decidendi

The Court permitted the defendant to partially withdraw its admission in the Scott Schedule concerning costs not paid to third parties (such as internal allocations for labour, equipment, monitoring, and certain equipment purchases) because the admission was made under a genuine misunderstanding and elements of the claim had not been understood to be included. However, the withdrawal is limited and subject to terms to avoid tactical advantage and minimise prejudice to the plaintiff.

Court Disposition

Permit defendant to partially withdraw admission, in limited terms.

Orders

  • ['Defendant Ace Insurance Limited is permitted to partially withdraw admissions made in the Scott Schedule, specifically regarding (1) direct allocated costs (labour, plant and equipment), (2) monitoring and investigation costs not paid to third parties, and (3) costs for equipment purchased then sold (subject to...