Watson v AWB Limited (No 5) [2009] FCA 1234

Watson v AWB Limited (No 5) [2009] FCA 1234

The respondent and its lawyers are released from the implied undertaking in respect of the specified document, as the purpose is legitimate and unopposed. The Court has power under its general directions to require the respondent, for facts or matters refused to be admitted after reconsideration of the Notices to Admit Facts, to file and serve an affidavit stating each fact is genuinely in dispute and providing brief grounds for each non-admission. The Court declines to compel admissions or make a self-executing order striking out the defence at this stage.

Jurisdiction
Australia
Judgment Date
30 October 2009
Procedural Posture
Civil / Interlocutory Application – Orders Concerning Implied Undertaking and Notices to Admit Facts
Outcome
Orders made granting release from implied undertaking and requiring respondent to file affidavit in relation to non-admitted facts; no self-executing order striking out defence granted.
Legal Topics
['implied Undertaking as to Documents' 'notices to Admit Facts' 'case Management Powers']
['practice and Procedure'] ['implied Undertaking as to Documents' 'notices to Admit Facts' 'case Management Powers']

Case Brief

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Procedural Posture

Civil / Interlocutory Application – Orders Concerning Implied Undertaking and Notices to Admit Facts

Legal Issues

  1. 1 ['Whether the respondent should be released from the implied undertaking restricting use of certain documents' 'Whether the Court has power to require the respondent to admit facts or explain its position on non-admissions to Notices to Admit Facts']

Ratio Decidendi

The respondent and its lawyers are released from the implied undertaking in respect of the specified document, as the purpose is legitimate and unopposed. The Court has power under its general directions to require the respondent, for facts or matters refused to be admitted after reconsideration of the Notices to Admit Facts, to file and serve an affidavit stating each fact is genuinely in dispute and providing brief grounds for each non-admission. The Court declines to compel admissions or make a self-executing order striking out the defence at this stage.

Court Disposition

Orders made granting release from implied undertaking and requiring respondent to file affidavit in relation to non-admitted facts; no self-executing order striking out defence granted.

Orders

  • ['The respondent and its legal representatives are released from the implied undertaking regarding Exhibit CWP-2 to the affidavit of Craig William Owen Phillips sworn on 27 October 2009.' 'By 4.00 pm on 16 November 2009, the respondent to reconsider responses to Notices to Admit Facts dated 3 April 2009 and 2...