Quirk v Suncorp Portfolio Services Ltd in its capacity as trustee for the Suncorp Master Trust [2022] NSWSC 398

Supreme Court New South Wales

Medium Neutral Citation: Quirk v Suncorp Portfolio Services Ltd in its capacity as trustee for the Suncorp Master Trust [2022] NSWSC 398 Hearing dates: 20 March 2022 Date of orders: 7 April 2022 Decision date: 07 April 2022 Jurisdiction: Equity - Commercial List Before: Rees J Decision: Motion dismissed. Catchwords: CIVIL PROCEDURE – pleadings – admissions – whether amendment withdraws admission without leave – rule 12.6(2), Uniform Civil Procedure Rules 2005 (NSW) – principles at [52]-[61] – dangers of multiple allegations of fact in single paragraph of pleading – on plain reading of pleadings, there was either no withdrawal of admissions or any withdrawal made no difference to plaintiff's pleaded case – no leave required. Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth) Superannuation Industry (Supervision) Act 1993 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Forbes Engineering (Asia) Pte Ltd v Forbes (No 3) [2007] FCA 1637 Matland Holdings Pty Ltd v NTZ Pty Ltd [2002] FCA 1590 Nanevski Developments Pty Ltd v Slaveski [2020] NSWSC 617 National Australia Bank Ltd v C&O Voukidis Pty Ltd [2015] NSWSC 185 Otsuka Pharmaceutical Co Ltd v Generic Health Pty Ltd (No 3) [2020] FCA 222 Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd [2016] NSWSC 728 Sergi v Sergi [2019] NSWSC 865 Texts Cited: Macquarie Dictionary Ritchie's Uniform Civil Procedure NSW Category: Procedural rulings Parties: Kerry Michael Quirk (Plaintiff) Suncorp Portfolio Limited in its capacity as trustee for the Suncorp Master Trust (First Defendant) Geoffrey Summerhayes (Second Defendant) Sean Carroll (Third Defendant) Representation: Counsel: Mr S Habib SC / Mr C McMeniman (Plaintiff) Mr I Jackman SC / Mr H Atkin (First Defendant) Mr B Lim (Second Defendant) Ms F Roughley (Third Defendant)