Juliex Pty Limited v Shoalhaven City Council [2015] NSWSC 618

Juliex Pty Limited v Shoalhaven City Council [2015] NSWSC 618

The defendant's admissions that the plaintiffs suffered "some" loss and damage as a result of the Council's failure did not amount to clear and unambiguous admissions of causation or scope of liability for the loss and damage pleaded in the schedule. On a fair reading of the pleadings, the defendant expressly did not admit damage to the extent pleaded, which constituted a traverse under UCPR 14.26. Because causation under s 5D of the Civil Liability Act 2002 (NSW) requires both factual causation and scope of liability, and the scope of liability remained in issue, judgment on admissions under UCPR 17.7 was not available or appropriate.

Jurisdiction
Australia
Judgment Date
25 May 2015
Procedural Posture
Notice of Motion for Judgment on Admissions Under UCPR 17.7 in Proceedings Alleging Nuisance, Negligence and Negligent Misrepresentation / Principal Judgment on Plaintiffs' Notice of Motion Filed 24 October 2014
Outcome
The plaintiffs' notice of motion for judgment on admissions was dismissed and costs were reserved.
Legal Topics
['judgment on Admissions' 'admissions on Pleadings' 'causation' 'scope of Liability' 'civil Liability Act 2002 (nsw) S 5 D' 'ucpr 17.7']
['practice and Procedure' 'tort Law' 'negligence' 'nuisance' 'civil Procedure'] ['judgment on Admissions' 'admissions on Pleadings' 'causation' 'scope of Liability' 'civil Liability Act 2002 (nsw) S 5 D' 'ucpr 17.7']

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Procedural Posture

Notice of Motion for Judgment on Admissions Under UCPR 17.7 in Proceedings Alleging Nuisance, Negligence and Negligent Misrepresentation / Principal Judgment on Plaintiffs' Notice of Motion Filed 24 October 2014

Legal Issues

  1. 1 ['Whether Shoalhaven City Council admitted causation on the pleadings in relation to nuisance, negligence and negligent misrepresentation.' 'Whether admissions of "some" loss and damage were clear and unambiguous admissions sufficient for judgment under UCPR 17.7.' 'Whether the defendant traversed the scope of liability and the extent of loss and damage pleaded in the schedule of damages.' 'Whether the discretion to enter judgment on admissions should be exercised having regard to the Civil Procedure Act 2005 (NSW).']

Ratio Decidendi

The defendant's admissions that the plaintiffs suffered "some" loss and damage as a result of the Council's failure did not amount to clear and unambiguous admissions of causation or scope of liability for the loss and damage pleaded in the schedule. On a fair reading of the pleadings, the defendant expressly did not admit damage to the extent pleaded, which constituted a traverse under UCPR 14.26. Because causation under s 5D of the Civil Liability Act 2002 (NSW) requires both factual causation and scope of liability, and the scope of liability remained in issue, judgment on admissions under UCPR 17.7 was not available or appropriate.

Court Disposition

The plaintiffs' notice of motion for judgment on admissions was dismissed and costs were reserved.

Orders

  • ["The plaintiffs' notice of motion filed 24 October 2014 is dismissed." 'Costs are reserved.']