For the Good Times Pty Ltd v Coltern Pty Ltd [2007] NSWSC 108

Leave was granted for the seventh defendant to withdraw the admission as it was made in confusion and there was no sufficient prejudice to the plaintiff.

Jurisdiction: Australia
Judgment Date: 14 February 2007
Procedural Posture: Civil / Interlocutory Application to Amend Defence and Withdraw Admissions
Outcome: Leave to amend defence granted; admission withdrawn as per amended defence; costs reserved.
Legal Topics: ['admissions' 'amendment of Defence' 'withdrawal of Admission']

['civil Procedure'] ['admissions' 'amendment of Defence' 'withdrawal of Admission']

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Procedural Posture

Civil / Interlocutory Application to Amend Defence and Withdraw Admissions

Legal Issues

1 ['Whether leave should be granted to withdraw an admission by amending the defence' 'Whether the admission was made in error or confusion' 'Whether prejudice to the plaintiff would outweigh the interest of determining the true facts']

Ratio Decidendi

Leave was granted for the seventh defendant to withdraw the admission as it was made in confusion and there was no sufficient prejudice to the plaintiff.

Court Disposition

Leave to amend defence granted; admission withdrawn as per amended defence; costs reserved.

Orders

['Seventh defendant granted leave to amend the defence in court to withdraw the admission.' 'Costs reserved for determination in due course.']