Gerard Michael McGuirk v The State of New South Wales [2009] NSWSC 616

Gerard Michael McGuirk v The State of New South Wales [2009] NSWSC 616

Leave to withdraw admissions was granted because the admissions related to matters irrelevant to the issues in the proceedings, were not properly the subject of admissions, or were matters within the knowledge of the plaintiff and ought to be proved by evidence. The defendant provided a satisfactory explanation for its delay, and the overriding purpose of civil procedure supports focusing upon genuinely disputed matters rather than admitting contentious issues by default.

Parties
Plaintiff: Gerard Michael McGuirk; Defendant: The State of New South Wales
Jurisdiction
Australia
Judgment Date
06 July 2009
Procedural Posture
Civil / Interlocutory Motion (leave to Withdraw Admissions)
Outcome
Leave to withdraw admissions granted.
Legal Topics
Notice to Admit, Deemed Admissions, Withdrawal of Admissions, Authenticity of Documents
Practice and Procedure Notice to Admit Deemed Admissions Withdrawal of Admissions Authenticity of Documents

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Parties

Gerard Michael McGuirk

Plaintiff

The State of New South Wales

Defendant

Procedural Posture

Civil / Interlocutory Motion (leave to Withdraw Admissions)

Legal Issues

  1. 1 Whether leave should be granted to the defendant to withdraw deemed admissions resulting from failure to respond to a notice to admit facts and authenticity of documents in time.

Ratio Decidendi

Leave to withdraw admissions was granted because the admissions related to matters irrelevant to the issues in the proceedings, were not properly the subject of admissions, or were matters within the knowledge of the plaintiff and ought to be proved by evidence. The defendant provided a satisfactory explanation for its delay, and the overriding purpose of civil procedure supports focusing upon genuinely disputed matters rather than admitting contentious issues by default.

Court Disposition

Leave to withdraw admissions granted.

Orders

  • The defendant is granted leave to withdraw its admissions of the facts asserted in paragraphs 1 – 7, 9 – 11 and 13 – 18 of the notice to admit facts and authenticity of documents, and its admissions of authenticity of documents set out in paragraphs 20 – 49 (annexures AB – BE) and 51 – 84 (annexures BG – CM) of that...