Quirk v Suncorp Portfolio Services Ltd in its capacity as trustee for the Suncorp Master Trust [2022] NSWSC 398

Quirk v Suncorp Portfolio Services Ltd in its capacity as trustee for the Suncorp Master Trust [2022] NSWSC 398

On a plain, objective reading of the pleadings, the amendments to paragraphs 26, 39 and 45 did not require leave because they largely supplied detail about which pleaded alternatives applied and remained within the envelope of what had previously been admitted. To the extent sub-paragraphs concerning Suncorp Life subtly retracted from the ordinary meaning of reimbursement, the first defendant still admitted reimbursement in the sense particularised and the difference was not shown to operate for the plaintiff's benefit or affect the pleaded case. The amendment to paragraph 26A did not withdraw the import of the admission, which concerned the Suncorp Fee Purpose when fees were set; any...

Jurisdiction
Australia
Judgment Date
07 April 2022
Procedural Posture
Representative Proceeding in the Equity Division Commercial List Concerning Alleged Superannuation Trustee Breaches / Plaintiff's Motion to Strike Out Amendments to the First Defendant's Commercial List Response Under Rule 12.6(2) or Rule 14.28 of the Uniform Civil Procedure Rules 2005 (nsw)
Outcome
Motion dismissed.
Legal Topics
['pleadings' 'admissions' 'withdrawal of Admissions' 'amendment of Pleadings' 'uniform Civil Procedure Rules 2005 (nsw) R 12.6(2)' 'uniform Civil Procedure Rules 2005 (nsw) R 14.28' 'conflicted Remuneration' 'superannuation Trustee Duties']
['civil Procedure' 'equity' 'commercial List' 'representative Proceedings' 'superannuation' 'trusts'] ['pleadings' 'admissions' 'withdrawal of Admissions' 'amendment of Pleadings' 'uniform Civil Procedure Rules 2005 (nsw) R 12.6(2)' 'uniform Civil Procedure Rules 2005 (nsw) R 14.28' 'conflicted Remuneration' 'superannuation Trustee Duties']

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Procedural Posture

Representative Proceeding in the Equity Division Commercial List Concerning Alleged Superannuation Trustee Breaches / Plaintiff's Motion to Strike Out Amendments to the First Defendant's Commercial List Response Under Rule 12.6(2) or Rule 14.28 of the Uniform Civil Procedure Rules 2005 (nsw)

Legal Issues

  1. 1 ["Whether the first defendant's amended Commercial List Response withdrew admissions or other matters operating for the plaintiff's benefit within rule 12.6(2) of the Uniform Civil Procedure Rules 2005 (NSW)." 'Whether amendments concerning how commissions were paid or reimbursed in paragraphs 26, 39 and 45 required leave as withdrawals of admissions.' 'Whether an amendment to paragraph 26A concerning whether the first defendant set administration costs, fees and charges for all Suncorp Products required leave as a withdrawal of an admission.']

Ratio Decidendi

On a plain, objective reading of the pleadings, the amendments to paragraphs 26, 39 and 45 did not require leave because they largely supplied detail about which pleaded alternatives applied and remained within the envelope of what had previously been admitted. To the extent sub-paragraphs concerning Suncorp Life subtly retracted from the ordinary meaning of reimbursement, the first defendant still admitted reimbursement in the sense particularised and the difference was not shown to operate for the plaintiff's benefit or affect the pleaded case. The amendment to paragraph 26A did not withdraw the import of the admission, which concerned the Suncorp Fee Purpose when fees were set; any...

Court Disposition

Motion dismissed.

Orders

  • ['Direct the first defendant to file a Commercial List Response in the same form as that filed on 24 November 2021 but complying with rule 19.5 of the Uniform Civil Procedure Rules 2005 (NSW) by 13 April 2022.' "Dismiss the plaintiff's motion filed on 10 March 2022." "Order that the defendants' costs of the motion...