Khouri v National Australia Bank Ltd [2007] NSWSC 987

Khouri v National Australia Bank Ltd [2007] NSWSC 987

Leave is required under the Uniform Civil Procedure Rules 2005 r 12(6)(2) to withdraw an admission in a statement of claim. The admission was made inadvertently due to a mistake of law, and as the proceedings are at an early stage and no prejudice will accrue to the defendant, leave to amend is granted.

Parties
First Plaintiff: Awatef Khouri; Second Plaintiff: Fred Khouri; Defendant: National Australia Bank Ltd
Jurisdiction
Australia
Judgment Date
23 August 2007
Procedural Posture
Application to Amend Statement of Claim / Interlocutory Application, Not Set Down for Trial
Outcome
Leave required and granted to withdraw admission. No order as to costs.
Legal Topics
Amendments, Withdrawal of Admissions, Statement of Claim, Uniform Civil Procedure Rules 2005
Civil Procedure Equity Amendments Withdrawal of Admissions Statement of Claim Uniform Civil Procedure Rules 2005

Case Brief

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Parties

Awatef Khouri

First Plaintiff

Fred Khouri

Second Plaintiff

National Australia Bank Ltd

Defendant

Procedural Posture

Application to Amend Statement of Claim / Interlocutory Application, Not Set Down for Trial

Legal Issues

  1. 1 Whether leave is required to withdraw an admission in a statement of claim under Uniform Civil Procedure Rules 2005 r 12(6)
  2. 2 Whether the admission should be withdrawn

Ratio Decidendi

Leave is required under the Uniform Civil Procedure Rules 2005 r 12(6)(2) to withdraw an admission in a statement of claim. The admission was made inadvertently due to a mistake of law, and as the proceedings are at an early stage and no prejudice will accrue to the defendant, leave to amend is granted.

Court Disposition

Leave required and granted to withdraw admission. No order as to costs.

Orders

  • Leave is granted to the plaintiffs to withdraw the admission in the statement of claim as set out in paragraph 1 of the notice of motion.
  • No order as to costs.