Marriott v Brine (No 2) [2014] NSWSC 1715

Marriott v Brine (No 2) [2014] NSWSC 1715

Leave to withdraw the admission of recklessness is refused as the admission was not made inadvertently or without proper consideration, nor shown to be contrary to fact; and the application for separate determination of liability and quantum is refused, as justice and the particular prejudice to the plaintiff’s circumstances did not justify departure from the usual course of hearing all issues together.

Jurisdiction
Australia
Judgment Date
03 December 2014
Procedural Posture
Notice of Motion (procedural/interlocutory) / Interlocutory Ruling on Pleadings Amendment and Separate Trial Application
Outcome
Leave to amend granted except as to withdrawal of recklessness admission; application for separate trial refused; costs orders as specified.
Legal Topics
['pleadings' 'amendment of Pleadings' 'admissions' 'separate Trial' 'costs']
['civil Procedure'] ['pleadings' 'amendment of Pleadings' 'admissions' 'separate Trial' 'costs']

Case Brief

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Procedural Posture

Notice of Motion (procedural/interlocutory) / Interlocutory Ruling on Pleadings Amendment and Separate Trial Application

Legal Issues

  1. 1 ['Whether leave should be granted to amend the statement of claim including withdrawal of an admission of recklessness' 'Whether a separate trial of liability and quantum should be ordered']

Ratio Decidendi

Leave to withdraw the admission of recklessness is refused as the admission was not made inadvertently or without proper consideration, nor shown to be contrary to fact; and the application for separate determination of liability and quantum is refused, as justice and the particular prejudice to the plaintiff’s circumstances did not justify departure from the usual course of hearing all issues together.

Court Disposition

Leave to amend granted except as to withdrawal of recklessness admission; application for separate trial refused; costs orders as specified.

Orders

  • ['Leave to amend the amended statement of claim in the terms agreed is granted, but leave to withdraw the admission of recklessness is refused.' 'Mr Marriott is to bear the costs thrown away as the result of the amendment of that pleading and the costs of his motion, as agreed or assessed.' "The second, fourth and...