Chiu v Sheh [2021] NSWSC 19

Supreme Court New South Wales

Medium Neutral Citation: Chiu v Sheh [2021] NSWSC 19 Hearing dates: 4 & 7 December 2020 Date of orders: 21 January 2021 Decision date: 21 January 2021 Jurisdiction: Equity Before: Slattery J Decision: Leave granted to withdraw the admission. Costs of the motion will be each party's costs in the proceedings. Catchwords: CIVIL PROCEDURE – Admissions – Admission of facts – Withdrawal of admissions – Uniform Civil Procedure Rules 2005, r 12.6 - defendant admits in his defence the terms of a loan made to him – defendant says he did not understand the allegation in the statement of claim to which his pleading was an answer – defendant brings motion for leave to withdraw the admission – plaintiff opposes withdrawal of the admission – defendant's lack of understanding challenged – evidence has not yet been filed in the proceedings – whether leave should be granted to withdraw the admission. Legislation Cited: Uniform Civil Procedure Rules 2005, r 12.6 Cases Cited: Hill End Gold Ltd v First Tiffany Resource Corp [2008] NSWSC 866 Mann v Carnell (1999) 201 CLR 1 Nanevski Developments Pty Ltd v Slaveski [2020] NSWSC 617 Sergi v Sergi [2019] NSWSC 865 Stafford v Kekatos (No. 2) [2008] NSWSC 1044 Texts Cited: LexisNexis Australia, Halsbury's Laws of Australia (2015), [120-1435] Category: Consequential orders (other than Costs) Parties: Plaintiff: Dick Foo Chiu First Defendant: Phillip Sheh Second Defendant: Clifford & Mary Sheh Pty Ltd Representation: Counsel: Plaintiff/Respondent on the motion: M. Maconachie First defendant/Applicant on the motion: L. Chapman Second defendant: