Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Knauf Plasterboard Pty Ltd v Hardy [2017] FCA 427 File number: NSD 433 of 2016
Judge: MARKOVIC J
Date of judgment: 28 April 2017
Catchwords: PRACTICE AND PROCEDURE – application for leave to withdraw admissions – where another party has not made relevant admissions – whether admissions contrary to actual facts – whether to exercise discretion – considerations relevant to exercise of discretion – application allowed
Legislation: Federal Court Rules 2011 (Cth) r 26.11
Cases cited: Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2007] FCA 1390 Drabsch v Switzerland General Insurance Co Ltd (1996) (unreported, Supreme Court of New South Wales, 16 October 1996) Jeans v Commonwealth Bank of Australia Ltd [2003] FCAFC 309; (2003) 204 ALR 327 Optical 88 Ltd v Optical 88 Pty Ltd [2010] FCA 310
Date of hearing: 6 April 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 49
Counsel for the Applicant: Mr G E S Ng
Solicitor for the Applicant: Russells
Counsel for the First Respondent: Mr B H Taylor
Solicitor for the First Respondent: Mills Oakley
Counsel for the Second Respondent: Mr C R Bailey
Solicitor for the Second Respondent: Williams + Hughes
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