Commonwealth Bank of Australia v Xiong & Ors; Landmax Developments Pty Ltd v Commonwealth Bank of Australia [2010] NSWSC 1518

Leave of the Court is mandatorily required to withdraw admissions made in earlier pleadings, even where amendments are made to pleadings by consent; withdrawal of admissions must be expressly drawn to the Court's attention and the Court's leave expressly sought under UCPR r17.2(2).

Parties: Plaintiff/cross Defendant: Commonwealth Bank of Australia; First Defendant: Wei Xiong; Second Defendant: Tsui Wah Jacqueline Lei; Plaintiff: Landmax Developments Pty Ltd
Jurisdiction: Australia
Judgment Date: 13 December 2010
Procedural Posture: Procedural Ruling / Interlocutory Application
Outcome: Leave granted to the defendants to withdraw admissions made in the prior defence.
Legal Topics: Withdrawal of Admissions, Amendment of Pleadings, UCPR R17.2

Civil Procedure Withdrawal of Admissions Amendment of Pleadings UCPR R17.2

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Parties

Commonwealth Bank of Australia

Plaintiff/cross Defendant

Wei Xiong

First Defendant

Tsui Wah Jacqueline Lei

Second Defendant

Landmax Developments Pty Ltd

Plaintiff

Procedural Posture

Procedural Ruling / Interlocutory Application

Legal Issues

1 Whether leave of the Court is required for a party to withdraw an admission made in a pleading under UCPR r17.2
2 Whether agreement between parties to amend pleadings suffices to withdraw an admission without express leave of the Court

Ratio Decidendi

Court Disposition

Leave granted to the defendants to withdraw admissions made in the prior defence.

Orders

Defendants granted leave to withdraw admissions previously made in their defence.