Australia and New Zealand Banking Group Ltd v Donnelly [2013] NSWSC 1493

Australia and New Zealand Banking Group Ltd v Donnelly [2013] NSWSC 1493

The defence filed by the Second Defendant on 3 October 2013 is struck out because admissions previously made were withdrawn without the leave of the Court, contrary to procedural requirements that such withdrawal must be justified and supported by affidavit evidence and proper application.

Source-derived case information.

Parties
Plaintiff: Australia and New Zealand Banking Group Ltd; First Defendant: Jason Luke Donnelly; Second Defendant: Fiona Marie-Therese Donnelly
Jurisdiction
Australia
Judgment Date
11 October 2013
Procedural Posture
Interlocutory Application / Directions Hearing/interlocutory Orders
Outcome
Interlocutory orders made; Second Defendant's Defence struck out, leave granted to apply to withdraw admissions and amend defence.
Legal Topics
Admissions, Pleadings, Amendment of Defence
Civil Procedure Admissions Pleadings Amendment of Defence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Australia and New Zealand Banking Group Ltd

Plaintiff

Jason Luke Donnelly

First Defendant

Fiona Marie-Therese Donnelly

Second Defendant

Procedural Posture

Interlocutory Application / Directions Hearing/interlocutory Orders

Legal Issues

  1. 1 Whether the Second Defendant can withdraw admissions previously made in her defence without leave
  2. 2 Whether the new defence of 3 October 2013 ought to be struck out for failure to obtain leave to withdraw admissions

Ratio Decidendi

The defence filed by the Second Defendant on 3 October 2013 is struck out because admissions previously made were withdrawn without the leave of the Court, contrary to procedural requirements that such withdrawal must be justified and supported by affidavit evidence and proper application.

Court Disposition

Interlocutory orders made; Second Defendant's Defence struck out, leave granted to apply to withdraw admissions and amend defence.

Orders

  • Second Defendant's Defence of 3 December 2013 struck out.
  • Second Defendant to file and serve Notice of Motion and evidence in support to amend defence and withdraw admissions by 18 October 2013; NOM returnable before Registrar on 25 October 2013.