Zhong v i-Prosperity Pty Ltd [2020] NSWSC 1059

Zhong v i-Prosperity Pty Ltd [2020] NSWSC 1059

Paragraph 21 of the amended defence contained a formal, clear and unambiguous admission, made while the second defendant was legally represented, that $2.9 million became due and payable to the plaintiff in around mid-March 2020 and remained unpaid by the defendants. The plural reference to the defendants, the pleading of joint and several liability in the amended statement of claim, and related allegations in the amended defence supported entry of partial judgment against the second defendant. There was no proper discretionary basis to refuse relief under r 17.7.

Jurisdiction
Australia
Judgment Date
05 August 2020
Procedural Posture
Civil Procedure Application for Judgment on Admissions / Notice of Motion for Partial Judgment
Outcome
Partial judgment entered for the plaintiff against the second defendant in the amount of $2,900,000. Costs of the motion reserved.
Legal Topics
['admissions' 'judgment on Admissions' 'partial Judgment' 'uniform Civil Procedure Rules 2005 (nsw) R 17.7']
['civil Procedure'] ['admissions' 'judgment on Admissions' 'partial Judgment' 'uniform Civil Procedure Rules 2005 (nsw) R 17.7']

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Procedural Posture

Civil Procedure Application for Judgment on Admissions / Notice of Motion for Partial Judgment

Legal Issues

  1. 1 ['Whether the amended defence contained a clear and unambiguous admission that $2.9 million was due and payable to the plaintiff by the second defendant.' 'Whether the Court should exercise its discretion under r 17.7 of the Uniform Civil Procedure Rules 2005 (NSW) to enter partial judgment against the second defendant.']

Ratio Decidendi

Paragraph 21 of the amended defence contained a formal, clear and unambiguous admission, made while the second defendant was legally represented, that $2.9 million became due and payable to the plaintiff in around mid-March 2020 and remained unpaid by the defendants. The plural reference to the defendants, the pleading of joint and several liability in the amended statement of claim, and related allegations in the amended defence supported entry of partial judgment against the second defendant. There was no proper discretionary basis to refuse relief under r 17.7.

Court Disposition

Partial judgment entered for the plaintiff against the second defendant in the amount of $2,900,000. Costs of the motion reserved.

Orders

  • ['Pursuant to r 17.7 of the Uniform Civil Procedure Rules 2005 (NSW), partial judgment is given in favour of the plaintiff against the second defendant in the amount of $2,900,000.00.' "The costs of the plaintiff's notice of motion filed 14 July 2020 be reserved, including in respect of the hearing on 5 August 2020."]