The Owners – Strata Plan No 93543 v Zhang [2021] NSWSC 277

The Owners – Strata Plan No 93543 v Zhang [2021] NSWSC 277

Leave to withdraw admissions was refused because withdrawal would require the Owners Corporation to investigate matters previously admitted, resulting in unavoidable adjournment and prejudice. Such delay was deemed profoundly unjust to the Owners Corporation, particularly given the proximity of the scheduled hearing and unavailability of further dates.

Parties
Plaintiff: The Owners – Strata Plan No 93543; Defendant: Hui Zhang
Jurisdiction
Australia
Judgment Date
22 March 2021
Procedural Posture
Application to Withdraw Admissions / Ruling on Application at Outset of Hearing
Outcome
Leave to withdraw admissions refused
Legal Topics
Withdrawal of Admissions, Statutory Warranties, Building and Construction Law
Civil Procedure Withdrawal of Admissions Statutory Warranties Building and Construction Law

Case Brief

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Parties

The Owners – Strata Plan No 93543

Plaintiff

Hui Zhang

Defendant

Procedural Posture

Application to Withdraw Admissions / Ruling on Application at Outset of Hearing

Legal Issues

  1. 1 Whether defendant should be granted leave to withdraw admissions relating to building contracts and entitlement to statutory warranties

Ratio Decidendi

Leave to withdraw admissions was refused because withdrawal would require the Owners Corporation to investigate matters previously admitted, resulting in unavoidable adjournment and prejudice. Such delay was deemed profoundly unjust to the Owners Corporation, particularly given the proximity of the scheduled hearing and unavailability of further dates.

Court Disposition

Leave to withdraw admissions refused

Orders

  • Leave to withdraw admissions refused