Turner & Townsend Pty Ltd v Berry [2012] FCA 111

Turner & Townsend Pty Ltd v Berry [2012] FCA 111

Leave to withdraw the admissions was granted because the admissions were made without due consideration of material matters, the applicant had not acted upon the admissions to its prejudice, and justice required the respondents be permitted to withdraw the admissions and put the applicant to proof.

Source-derived case information.

Parties
Applicant: Turner & Townsend Pty Ltd ACN 115 688 830; First Respondent: Martin Richard Berry; Second Respondent: Johnstaff Projects Pty Ltd ACN 069 803 212; Third Respondent: Johnstaff Projects (NSW) Pty Ltd ACN 137 728 959; Fourth Respondent: James Holbrook; Fifth Respondent: Ioan Morgan
Jurisdiction
Australia
Judgment Date
16 February 2012
Procedural Posture
Interlocutory Application / Application for Leave to Withdraw Admissions
Outcome
Leave granted to withdraw admissions
Legal Topics
Withdrawal of Admissions, Pleadings, Discretionary Considerations
Practice and Procedure Withdrawal of Admissions Pleadings Discretionary Considerations

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Parties

Turner & Townsend Pty Ltd ACN 115 688 830

Applicant

Martin Richard Berry

First Respondent

Johnstaff Projects Pty Ltd ACN 069 803 212

Second Respondent

Johnstaff Projects (NSW) Pty Ltd ACN 137 728 959

Third Respondent

James Holbrook

Fourth Respondent

Ioan Morgan

Fifth Respondent

Procedural Posture

Interlocutory Application / Application for Leave to Withdraw Admissions

Legal Issues

  1. 1 Whether leave should be granted to withdraw admissions made in relation to paragraphs 18 and 19 of the applicant's amended statement of claim

Ratio Decidendi

Leave to withdraw the admissions was granted because the admissions were made without due consideration of material matters, the applicant had not acted upon the admissions to its prejudice, and justice required the respondents be permitted to withdraw the admissions and put the applicant to proof.

Court Disposition

Leave granted to withdraw admissions

Orders

  • First respondent granted leave nunc pro tunc to withdraw admissions made to paragraphs 18 and 19 of the applicant's amended statement of claim.
  • Applicant to pay first respondent’s costs of the first respondent's notice of motion filed on 16 December 2011 as agreed or taxed.