Broadlex Services v RCR Resolve FM [2015] NSWSC 1367

Broadlex Services v RCR Resolve FM [2015] NSWSC 1367

Leave to withdraw the admission and amend the pleadings was refused because Broadlex had admitted that the contract was formed by acceptance by conduct of the purchase orders, so contract formation was not an issue at trial. The late application would deprive Resolve of the opportunity to investigate and adduce evidence on matters relevant to formation, including pre-contractual dealings, the alleged rubbish bin episode, and post-contractual conduct. Adjourning or vacating the hearing to accommodate the amendment would be inconsistent with s 56 of the Civil Procedure Act 2005 (NSW), because it would not achieve a just, quick or cheap resolution of the dispute.

Jurisdiction
Australia
Judgment Date
11 September 2015
Procedural Posture
Application for Leave to Withdraw Admission and Amend Pleadings / Interlocutory Application After a Four Day Hearing
Outcome
Application refused.
Legal Topics
['leave to Amend Pleadings' 'withdrawal of Admission' 'contract Formation by Acceptance by Conduct' 'overriding Purpose' 'construction of Contract']
['civil Procedure' 'contract Law'] ['leave to Amend Pleadings' 'withdrawal of Admission' 'contract Formation by Acceptance by Conduct' 'overriding Purpose' 'construction of Contract']

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Procedural Posture

Application for Leave to Withdraw Admission and Amend Pleadings / Interlocutory Application After a Four Day Hearing

Legal Issues

  1. 1 ["Whether Broadlex should be granted leave to withdraw its admission that the contract was formed by acceptance by conduct of Resolve's purchase orders and to amend its pleadings." 'Whether allowing the proposed amendment after the hearing would deprive Resolve of the opportunity to investigate and adduce evidence relevant to contract formation.' 'Whether granting leave would be consistent with s 56 of the Civil Procedure Act 2005 (NSW).']

Ratio Decidendi

Leave to withdraw the admission and amend the pleadings was refused because Broadlex had admitted that the contract was formed by acceptance by conduct of the purchase orders, so contract formation was not an issue at trial. The late application would deprive Resolve of the opportunity to investigate and adduce evidence on matters relevant to formation, including pre-contractual dealings, the alleged rubbish bin episode, and post-contractual conduct. Adjourning or vacating the hearing to accommodate the amendment would be inconsistent with s 56 of the Civil Procedure Act 2005 (NSW), because it would not achieve a just, quick or cheap resolution of the dispute.

Court Disposition

Application refused.

Orders

  • ['Refuse leave to withdraw admission and to amend.']