Walsh v KC & WL Brain Pty Ltd (No. 2) [2023] NSWDC 623

Walsh v KC & WL Brain Pty Ltd (No. 2) [2023] NSWDC 623

Leave to withdraw admissions was refused as no evidence or explanation was provided by the Defendant's directors for the instructions given to counsel; formal admissions made in court should not be withdrawn without sufficient cause or explanation, and this was not established.

Parties
Plaintiff: Alan David Walsh; Defendant: KC & WL Brain Pty Ltd
Jurisdiction
Australia
Judgment Date
14 June 2023
Procedural Posture
Civil / Interlocutory Applications
Outcome
Leave to withdraw admissions refused; leave to adduce further affidavit evidence granted; costs are Plaintiff's costs in the cause.
Legal Topics
Withdrawal of Admissions, Leave to Adduce Further Evidence
Civil Procedure Withdrawal of Admissions Leave to Adduce Further Evidence

Case Brief

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Parties

Alan David Walsh

Plaintiff

KC & WL Brain Pty Ltd

Defendant

Procedural Posture

Civil / Interlocutory Applications

Legal Issues

  1. 1 Whether the defendant should be granted leave to withdraw admissions made by counsel in court
  2. 2 Whether the defendant should be granted leave to adduce further affidavit evidence relating to quantum

Ratio Decidendi

Leave to withdraw admissions was refused as no evidence or explanation was provided by the Defendant's directors for the instructions given to counsel; formal admissions made in court should not be withdrawn without sufficient cause or explanation, and this was not established.

Court Disposition

Leave to withdraw admissions refused; leave to adduce further affidavit evidence granted; costs are Plaintiff's costs in the cause.

Orders

  • Leave to withdraw admissions concerning items in the Scott Schedule refused.
  • Leave granted to Defendant to rely on further affidavit of Kenneth Charles Brain sworn 6 June 2023.