Deangrove Pty Ltd v Commonwealth Bank of Australia [2003] FCA 268

FEDERAL COURT OF AUSTRALIA

Deangrove Pty Ltd v Commonwealth Bank of Australia [2003] FCA 268 PRACTICE & PROCEDURE – Application for leave to withdraw an admission – admission made in statement of claim, defence to cross claim and affidavits that applicant had executed personal guarantee – admission accepted and acted upon by respondent – in course of cross-examination applicant claims signature on guarantee was not his own – whether unfair to other party to grant leave – leave refused. Federal Court Rules, O 13 r 2 Deangrove Pty Ltd (Receivers & Managers Appointed) v Commonwealth Bank of Australia (2001) 108 FCR 77 cited. Cropper v Smith (1884) 26 Ch D 700 cited. Clough and Rogers v Frog (1974) 48 ALJR 481 distinguished. Coopers Brewery Ltd v Panfida Foods Ltd (1992) 26 NSWLR 738 cited. H Clark (Doncaster) Ltd v Wilkinson [1965] Ch 694 cited. Ridolfi v Rigato Farms Pty Ltd [2001] 2 Qd R 455 cited. Drabsch v Switzerland General Insurance Co Ltd, unreported, 16 October 1996, Supreme Court of New South Wales Santow J, followed. Cohen v McWilliam (1995) 38 NSWLR 476 cited. Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146 distinguished. Hanave Pty Ltd v LFOT Pty Ltd [1997] FCA 1218cited. Deangrove Pty Ltd (Receivers and Managers Appointed) v Commonwealth Bank of Australia [2002] FCA 1545 cited. Deangrove Pty Ltd (Receivers and Managers Appointed) v Commonwealth Bank of Australia [2002] FCA 1545 cited. DEANGROVE PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED) & ANOR v COMMONWEALTH BANK OF AUSTRALIA N 1142 OF 2000 SACKVILLE J SYDNEY 28 MARCH 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1142 OF 2000

BETWEEN: DEANGROVE PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED)

FIRST APPLICANT

JOHN ANTHONY JEANS

SECOND APPLICANT