PPK Willoughby Pty Ltd v Baird [2019] NSWSC 769

PPK Willoughby Pty Ltd v Baird [2019] NSWSC 769

The plaintiff was not permitted to withdraw the admission because the defendants' position about limited instructions had been clear for many years, any challenge to the authenticity of Ms Ogilvie's file notes should have been made much earlier, the prejudice to the plaintiff was not unfair or caused by the defendants, and it would be unfair to allow a late challenge implying possible impropriety without it having been properly pleaded and particularised before the witness gave evidence.

Jurisdiction
Australia
Judgment Date
21 June 2019
Procedural Posture
Common Law Civil Proceedings Concerning Alleged Negligence and Misleading and Deceptive Conduct by Solicitors / Procedural Application by the Plaintiff to Withdraw an Admission That Discovered Documents Were Authentic
Outcome
Plaintiff not permitted to withdraw its admission that documents are authentic.
Legal Topics
['admissions' 'authenticity of Discovered Documents' 'withdrawal of Admission' 'discovery' 'cross Examination']
['civil Procedure' 'professional Negligence'] ['admissions' 'authenticity of Discovered Documents' 'withdrawal of Admission' 'discovery' 'cross Examination']

Case Brief

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Procedural Posture

Common Law Civil Proceedings Concerning Alleged Negligence and Misleading and Deceptive Conduct by Solicitors / Procedural Application by the Plaintiff to Withdraw an Admission That Discovered Documents Were Authentic

Legal Issues

  1. 1 ['Whether the plaintiff should be permitted to withdraw its deemed admission under UCPR 17.5 that two file notes discovered by the defendants were authentic.' "Whether holding the plaintiff to the admission would cause unfair prejudice in its ability to challenge the defendants' evidence about the scope of their retainer."]

Ratio Decidendi

The plaintiff was not permitted to withdraw the admission because the defendants' position about limited instructions had been clear for many years, any challenge to the authenticity of Ms Ogilvie's file notes should have been made much earlier, the prejudice to the plaintiff was not unfair or caused by the defendants, and it would be unfair to allow a late challenge implying possible impropriety without it having been properly pleaded and particularised before the witness gave evidence.

Court Disposition

Plaintiff not permitted to withdraw its admission that documents are authentic.

Orders

  • ["The plaintiff should not be permitted to resile from or withdraw the admission that Ms Ogilvie's file notes are authentic."]