Multigroup Distribution Services Pty Ltd v TNT Australia Pty Ltd [2001] FCA 227

Multigroup Distribution Services Pty Ltd v TNT Australia Pty Ltd [2001] FCA 227

The applicant's motion was incompetent because O 18 of the Federal Court Rules contains no express or implied mechanism for objection to, or striking out of, a notice to admit facts or part of such a notice; questions about whether matters are facts, whether admissions arise, and any costs consequences should be dealt with at trial or after the trial result is known. Even if there were power to intervene, the Court would not do so on the facts of this case.

Jurisdiction
Australia
Judgment Date
12 March 2001
Procedural Posture
Practice and Procedure / Notice of Motion by the Applicant to Strike Out Certain Paragraphs of Notices to Admit Facts
Outcome
Notice of motion dismissed with costs.
Legal Topics
['notice to Admit Facts' 'strike Out Application' 'federal Court Rules O 18' 'interlocutory Applications' 'costs']
['practice and Procedure'] ['notice to Admit Facts' 'strike Out Application' 'federal Court Rules O 18' 'interlocutory Applications' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Practice and Procedure / Notice of Motion by the Applicant to Strike Out Certain Paragraphs of Notices to Admit Facts

Legal Issues

  1. 1 ['Whether an application to strike out certain paragraphs of notices to admit facts is competent under O 18 or elsewhere in the Federal Court Rules.' 'Whether the Court should exercise inherent jurisdiction to intervene in relation to notices to admit facts.' 'Whether matters specified in a notice to admit that are not facts create implied admissions or costs consequences under O 18 r 2.']

Ratio Decidendi

The applicant's motion was incompetent because O 18 of the Federal Court Rules contains no express or implied mechanism for objection to, or striking out of, a notice to admit facts or part of such a notice; questions about whether matters are facts, whether admissions arise, and any costs consequences should be dealt with at trial or after the trial result is known. Even if there were power to intervene, the Court would not do so on the facts of this case.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • ['The notice of motion of the applicant filed on 14 July 2000 be dismissed.' 'The applicant to pay the costs of the first, second, third and fourth respondent of the motion.']