McDonald v McDonald [2016] NSWSC 724

McDonald v McDonald [2016] NSWSC 724

The notice to admit facts should be set aside except for clauses 9, 10, 11 and 12. RMS had already admitted that at all material times it was responsible for maintenance of the bridge, including the steel angle and the relevant dates, so the admissions sought in clauses 1 and 2 had no utility. There was no real issue as to the authenticity of RMS documents produced on subpoena, so admissions about those documents were unnecessary. Clauses 3 and 13 concerned an unsigned and undated agreement whose relevance was not apparent and which was inconsistent with RMS's admission of responsibility. By contrast, clauses 9 and 10, concerning whether RMS undertook maintenance work on the steel angle,...

Jurisdiction
Australia
Judgment Date
07 June 2016
Procedural Posture
Procedural Ruling in Negligence Proceedings / Motions Concerning a Notice to Admit Facts and Leave to Administer Interrogatories
Outcome
Notice to admit facts set aside in part; RMS given further time to respond to remaining clauses; costs submissions invited.
Legal Topics
['notice to Admit Facts' 'authenticity of Documents' 'interrogatories' 'pleadings and Particulars' 'overriding Purpose' 'costs']
['civil Procedure' 'negligence'] ['notice to Admit Facts' 'authenticity of Documents' 'interrogatories' 'pleadings and Particulars' 'overriding Purpose' 'costs']

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Procedural Posture

Procedural Ruling in Negligence Proceedings / Motions Concerning a Notice to Admit Facts and Leave to Administer Interrogatories

Legal Issues

  1. 1 ['Whether the notice to admit facts and authenticity of documents served on Roads and Maritime Services should be set aside or struck out.' 'Whether the admissions sought were relevant to facts in issue in the proceedings or had utility given existing admissions and the authenticity of RMS documents.' "Whether the plaintiff's amended statement of claim and particulars sufficiently identified the case against RMS for the purpose of the admissions sought." 'What costs order should be made on the motion.']

Ratio Decidendi

The notice to admit facts should be set aside except for clauses 9, 10, 11 and 12. RMS had already admitted that at all material times it was responsible for maintenance of the bridge, including the steel angle and the relevant dates, so the admissions sought in clauses 1 and 2 had no utility. There was no real issue as to the authenticity of RMS documents produced on subpoena, so admissions about those documents were unnecessary. Clauses 3 and 13 concerned an unsigned and undated agreement whose relevance was not apparent and which was inconsistent with RMS's admission of responsibility. By contrast, clauses 9 and 10, concerning whether RMS undertook maintenance work on the steel angle,...

Court Disposition

Notice to admit facts set aside in part; RMS given further time to respond to remaining clauses; costs submissions invited.

Orders

  • ['The notice to admit facts is set aside, apart from clauses 9, 10, 11 and 12.' 'The RMS should have a further 14 days to respond to those paragraphs of the notice.' 'If the parties wish to be heard on costs, they should file short written submissions within 7 days.']