Hanave Pty Ltd v LFOT Pty Ltd (formerly Jagar Pty Ltd) & Ors [1997] FCA 1218

Hanave Pty Ltd v LFOT Pty Ltd (formerly Jagar Pty Ltd) & Ors [1997] FCA 1218

Leave should be granted as no irremediable prejudice to respondents was demonstrated; the aim of justice supports permitting withdrawal of the concession if inconvenience does not reach the level of prejudice.

Parties
Applicant: Hanave Pty Limited; First Respondent/cross Claimant: LFOT Pty Limited (formerly Jagar Pty Limited); Second Respondent: Paul Ewen Mitchell Tressider; Third Respondent: Joseph Raymond Glew; Cross Respondent: Robert Burke
Jurisdiction
Australia
Judgment Date
11 November 1997
Procedural Posture
Civil / Interlocutory Application Regarding Withdrawal of Concession
Outcome
Leave granted to applicant to withdraw the concession made on 15 April 1997.
Legal Topics
Withdrawal of Concession by Counsel, Scope of Pleadings, Leave to Withdraw Concession
Practice and Procedure Withdrawal of Concession by Counsel Scope of Pleadings Leave to Withdraw Concession

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Parties

Hanave Pty Limited

Applicant

LFOT Pty Limited (formerly Jagar Pty Limited)

First Respondent/cross Claimant

Paul Ewen Mitchell Tressider

Second Respondent

Joseph Raymond Glew

Third Respondent

Robert Burke

Cross Respondent

Procedural Posture

Civil / Interlocutory Application Regarding Withdrawal of Concession

Legal Issues

  1. 1 Whether leave is necessary to withdraw a concession made by counsel about scope of the pleadings
  2. 2 Principles regarding withdrawal of a concession by counsel
  3. 3 Potential prejudice to the other party if concession is withdrawn

Ratio Decidendi

Leave should be granted as no irremediable prejudice to respondents was demonstrated; the aim of justice supports permitting withdrawal of the concession if inconvenience does not reach the level of prejudice.

Court Disposition

Leave granted to applicant to withdraw the concession made on 15 April 1997.

Orders

  • Leave given to applicant to withdraw the concession made by it on 15 April 1997.
  • Liberty to apply.