SLE Worldwide v WGB & Ors [2005] NSWSC 816

New South Wales Supreme Court

CITATION : SLE Worldwide v WGB & Ors [2005] NSWSC 816

HEARING DATE(S) : 09/08/05

JUDGMENT DATE : 12 August 2005

JUDGMENT OF : White J

DECISION : 1. Plaintiff's notice of motion of 5 August, 2005 be dismissed; 2. plaintiff pay the second cross-claimant's (Gerling-Australia Insurance Pty Ltd) costs of the notice of motion; 3. exhibit may be returned.

CATCHWORDS : PRACTICE AND PROCEDURE - Application to withdraw admission in pleadings - Where issues reasonably arguable if admissions withdrawn - Where party resisting amendment did not adduce specific evidence of evidence having become unavailable - Where party seeking amendment adduced no evidence of reasons for making admissions or why they were sought to be withdrawn - Withdrawal of admissions likely to lead to adjournment of hearing - Held that admissions made formally and deliberately by party legally advised should prima facie not be permitted to be withdrawn unless party seeking to withdraw them can point to an error when admissions were made or a relevant change of circumstance.

Trade Practices Act 1974 (Cth) Civil Procedure Act 2005 (NSW) LEGISLATION CITED : Uniform Civil Procedure Rules Queensland Uniform Civil Procedure Rules

State of Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146 Cropper v Smith (1884) 26 Ch D 700 Gale v Superdrug Stores plc [1996] 1 WLR 1089 Hutton v Meston [2004] WASCA 178 Charlesworth v Relay Roads Ltd (in liq) [1999] 4 All ER 397 CASES CITED : Sangora Holdings Pty Ltd v Dunstan (Supreme Court of Western Australia, Full Court, 13 April 1999, unreported; BC9901667) Drabsch v Switzerland General Insurance Co Ltd (16 October 1996, unreported; BC9604909) Jeans v Commonwealth Bank of Australia (2003) 204 ALR 327 Silver v Dome Resources NL [2005] NSWSC 265 Rigato Farms Pty Ltd v Ridolfi [2001] 2 Qd R 455