Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jeans v Commonwealth Bank of Australia Ltd [2003] FCAFC 309
PRACTICE AND PROCEDURE: Application to withdraw admission contained in pleadings – application made three days after trial commenced – whether Primary Judge erred in principle in refusing application – trial judge considered all relevant circumstances taking into account the question of doing justice as between the parties – discretion held not to miscarry. Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 referred to Coopers Brewery Ltd v Panfida Foods Ltd (1992) 26 NSWLR 738 applied H Clark (Doncaster) Ltd v Wilkinson [1965] Ch 694 not followed House v The King (1936) 55 CLR 499 referred to Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146 referred to JOHN ANTHONY JEANS v COMMONWEALTH BANK OF AUSTRALIA LTD (ACN 123 123 124) N681 of 2003 HILL, MADGWICK AND CONTI JJ 19 DECEMBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N681 OF 2003
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: JOHN ANTHONY JEANS
APPELLANT
AND: COMMONWEALTH BANK OF AUSTRALIA LTD
(ACN 123 123 124)
RESPONDENT
JUDGES: HILL, MADGWICK AND CONTI JJ
DATE OF ORDER: 19 DECEMBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N681 OF 2003
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: JOHN ANTHONY JEANS
APPELLANT
AND: COMMONWEALTH BANK OF AUSTRALIA LTD
(ACN 123 123 124)
RESPONDENT
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