NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: H & D Retail Pty Ltd v TransMS Pty Ltd [2021] NSWSC 87 Hearing dates: 12 February 2021 Date of orders: 12 February 2021 Decision date: 12 February 2021 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Leave granted to withdraw admission Catchwords: PRACTICE AND PROCEDURE – application to withdraw admission - admission by defendant in Commercial List Response as to constituents of a contract – whether adequate explanation given for making admission - where admission made as result of lack of sufficient attention by defendant's legal advisers – whether justice of case requires that leave be granted Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cumper v Pothecary [1941] 2 KB 58 Drabsch v Switzerland General Insurance Co Limited (Unrep, 16 October 1996) Hollis v Burton [1892] 3 Ch 226 Jeans v Commonwealth Bank of Australia Ltd [2003] FCAFC 309 Langdale v Danby [1982] 1 WLR 1123 MindShare Communications Ltd v Orleans Investments Pty Ltd t/as Orleans Media Consultancy [2007] NSWSC 637 Category: Procedural rulings Parties: H & D Retail Pty Ltd (Plaintiff) TransMS Pty Ltd (Defendant) Representation: Counsel: Mr J Burnett (Plaintiff) Mr A Fernon SC (Defendant)
Solicitors: Foteades Freeman Cohen (Plaintiff) Yates Beaggi Lawyers (Defendant) File Number(s): 2018/201075
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