Knauf Plasterboard Pty Ltd v Hardy [2017] FCA 427

Knauf Plasterboard Pty Ltd v Hardy [2017] FCA 427

Leave to withdraw admissions was granted as the respondent became aware, after making admissions, of evidence suggesting payments and credits exceeding the sums claimed. The interests of justice required that the issue be resolved at trial, especially as another respondent had not made admissions and would contest the same issues.

Jurisdiction
Australia
Judgment Date
28 April 2017
Procedural Posture
Interlocutory Application / Application for Leave to Withdraw Admissions
Outcome
Leave granted to the first respondent to withdraw relevant admissions.
Legal Topics
['withdrawal of Admissions' 'guarantee and Indemnity' 'corporate Insolvency']
['practice and Procedure' 'commercial Law' 'corporations'] ['withdrawal of Admissions' 'guarantee and Indemnity' 'corporate Insolvency']

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Procedural Posture

Interlocutory Application / Application for Leave to Withdraw Admissions

Legal Issues

  1. 1 ['Whether leave should be granted to withdraw admissions made in a defence' 'Whether admissions are contrary to actual facts' 'Construction and effect of the Agreement between parties']

Ratio Decidendi

Leave to withdraw admissions was granted as the respondent became aware, after making admissions, of evidence suggesting payments and credits exceeding the sums claimed. The interests of justice required that the issue be resolved at trial, especially as another respondent had not made admissions and would contest the same issues.

Court Disposition

Leave granted to the first respondent to withdraw relevant admissions.

Orders

  • ['Leave be granted to the first respondent to withdraw the admissions made in paragraphs 14, 15, 16 and 18 of his defence filed on 27 May 2016 in terms of his amended defence filed on 9 November 2016.']