In the matter of Sirrah Pty Ltd (in prov liq) [2021] NSWSC 140

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Sirrah Pty Ltd (in prov liq) [2021] NSWSC 140 Hearing dates: 22 February 2020 Date of orders: 24 February 2021 Decision date: 24 February 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Grant leave to the Second – Fourth Defendants to rely on the affidavits (excluding those parts that they have advised are not to be read) of Mr Anderson, Ms Bernadette Harris, Ms Michelle Harris, Mr William Harris, Mr Rebollido and Mr Whitten and their Notice of Motion dated 8 February 2021 is otherwise dismissed. Application for leave to withdraw admissions dismissed and the words "do not" at the beginning of paragraph 54(a) of the Amended Defence be struck out. Catchwords: CIVIL PROCEDURE – Whether leave should be granted to rely on affidavit evidence served late – issues as to lack or relevance and inadmissibility of evidence.

CIVIL PROCEDURE – admissions – withdrawal – where leave sought to withdraw admissions made in verified defence – whether leave to withdraw admission should be given. Legislation Cited: • Civil Procedure Act 2005 (NSW) ss 56-58 Cases Cited: - Bluemine Pty Ltd (in liq) [2019] NSWSC 1807 Category: Procedural rulings Parties: Gregory Thomas Harris (First Plaintiff) Monica Mary Brown (Second Plaintiff) Sirrah Pty Limited (First Defendant) William Francis Harris (Second Defendant) Michelle Joy Harris (Third Defendant) Harris Health Care Pty Limited (Fourth Defendant) Representation: Counsel: S A Wells/J Anderson (Plaintiffs) J Tobin (First Defendant) G A Sirtes SC (Second - Fourth Defendants)