Read v McEwen & Anor [2007] NSWSC 825

Read v McEwen & Anor [2007] NSWSC 825

Given the limited prejudice to the plaintiff, who only prepared her case on the basis of the admission and no fundamental change of position, and having regard to the broad discretion and paramountcy of justice, leave should be granted to amend the defence and withdraw the admissions.

Jurisdiction
Australia
Judgment Date
26 July 2007
Procedural Posture
Civil / Application for Leave to Amend Defence at Trial
Outcome
Leave to amend defence granted.
Legal Topics
['amendment of Pleadings' 'withdrawal of Admissions' 'exercise of Discretion' 'prejudice']
['civil Procedure'] ['amendment of Pleadings' 'withdrawal of Admissions' 'exercise of Discretion' 'prejudice']

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Procedural Posture

Civil / Application for Leave to Amend Defence at Trial

Legal Issues

  1. 1 ['Whether to grant leave to amend the defence to withdraw previous admissions' 'Whether the withdrawal of admissions will cause prejudice to the plaintiff' 'Appropriate exercise of judicial discretion regarding amendment of pleadings']

Ratio Decidendi

Given the limited prejudice to the plaintiff, who only prepared her case on the basis of the admission and no fundamental change of position, and having regard to the broad discretion and paramountcy of justice, leave should be granted to amend the defence and withdraw the admissions.

Court Disposition

Leave to amend defence granted.

Orders

  • ['Leave granted to file amended defence initialled and dated by the judge.']