Philip Karadaghian v Big Beat (Australia) Pty Ltd [2014] NSWSC 496

Philip Karadaghian v Big Beat (Australia) Pty Ltd [2014] NSWSC 496

Leave to withdraw the admission was refused because Big Beat did not establish that the formal and deliberate admission was made inadvertently or by mistake, nor that it was contrary to established facts. The evidence did not satisfy the Court that Ambiant was not the supplier of security services, and withdrawal would cause irremediable prejudice to the plaintiff given the unavailability of a crucial witness and significant documentation.

Jurisdiction
Australia
Judgment Date
30 April 2014
Procedural Posture
Interlocutory Application / First Defendant's Motion Filed on 27 September 2012 Seeking Leave to Withdraw an Admission in Its Defence Under R 12.6 of the Uniform Civil Procedure Rules 2005 (nsw) and to Amend the Defence.
Outcome
Leave to withdraw the admission refused; prayer 5 of the motion dismissed; remaining prayers adjourned.
Legal Topics
['withdrawal of Admissions' 'amendment of Pleadings' 'irremediable Prejudice' 'security Services Contractor' 'case Management']
['practice and Procedure' 'civil Procedure' 'negligence'] ['withdrawal of Admissions' 'amendment of Pleadings' 'irremediable Prejudice' 'security Services Contractor' 'case Management']

Case Brief

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Procedural Posture

Interlocutory Application / First Defendant's Motion Filed on 27 September 2012 Seeking Leave to Withdraw an Admission in Its Defence Under R 12.6 of the Uniform Civil Procedure Rules 2005 (nsw) and to Amend the Defence.

Legal Issues

  1. 1 ['Whether Big Beat should be granted leave to withdraw its admission that it contracted with Ambiant to provide security services and security personnel to Home Nightclub on 20 October 2007.' 'Whether the admission was made inadvertently or by mistake.' 'Whether the admission was contrary to established facts.' 'Whether withdrawal of the admission would cause irremediable prejudice to the plaintiff.']

Ratio Decidendi

Leave to withdraw the admission was refused because Big Beat did not establish that the formal and deliberate admission was made inadvertently or by mistake, nor that it was contrary to established facts. The evidence did not satisfy the Court that Ambiant was not the supplier of security services, and withdrawal would cause irremediable prejudice to the plaintiff given the unavailability of a crucial witness and significant documentation.

Court Disposition

Leave to withdraw the admission refused; prayer 5 of the motion dismissed; remaining prayers adjourned.

Orders

  • ['Prayer 5 of the Motion, notice of which was filed on 27 September 2012, dismissed.' 'Prayers 1, 2, 3 and 4 of the Motion, notice of which was filed on 27 September 2012, adjourned to a date to be fixed.' "The first defendant pay the plaintiff's costs of and incidental to the motion, except those costs solely...