Inglis v English Language Company Australia Pty Ltd [2022] NSWSC 1538

Supreme Court New South Wales

Medium Neutral Citation: Inglis v English Language Company Australia Pty Ltd [2022] NSWSC 1538 Hearing dates: 8 November 2022 Date of orders: 8 November 2022 Decision date: 08 November 2022 Jurisdiction: Common Law Before: Chen J Decision: (1) Grant leave to the defendant, pursuant to r 12.6 of the UCPR for leave to withdraw the admissions which relate to the specific facts in paragraphs 1(b)(ii), 1(b)(iv) and 1(b)(v) of the Amended Statement of Claim. (2) Grant leave to the defendant, pursuant to s 64 of the CPA, to file the defence in the form that is annexure "A" to the affidavit of Tin-Lok Shea sworn 10 June 2022, with such defence to be filed and served by 15 November 2022, 5 pm. (3) Order the defendant to pay the plaintiff's costs of and incidental to the notice of motion, and any costs thrown away in consequence of the withdrawal of admissions. Catchwords: CIVIL PROCEDURE — Admissions — Admission of facts made in amended defence — Application by defendant for leave to withdraw - admissions — where withholding leave to withdraw admissions would result in matter proceeding on false factual basis — whether withholding leave to withdraw admissions in the interests of the "just, cheap and quick" resolution of the dispute Legislation Cited: Australian Consumer Law Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Candy v GIO General Limited [2013] NSWSC 810 Drabsch v Switzerland General Insurance Co Ltd (SC., unreported, 16 October 1996) For The Good Times Pty Ltd v Coltern Pty Ltd [2007] NSWSC 108 Hill End Gold Ltd v First Tiffany Resource Corp [2008] NSWSC 866 John Pfeiffer Pty Limited v Rogerson (2000) 203 CLR 503; [2000] HCA 36 National Australia Bank Ltd v Swed [2014] NSWSC 811 New South Wales Land and Housing Corporation v Reilly [2012] NSWCA 286 Regie Nationale des Usines Renault SA v Zhang (2002) 210 CLR 491; [2002] HCA 10 The Nominal Defendant v Gabriel (2007) 71 NSWLR 150; [2007] NSWCA 52 Category: Procedural rulings Parties: Stephanie Samantha Inglis (Plaintiff) English Language Company Australia Pty Ltd (Defendant) Representation: Counsel: R Royle (Plaintiff) D Parish (Defendant)