NSW Caselaw
New South Wales Supreme Court
CITATION : Khouri v National Australia Bank Ltd [2007] NSWSC 987
HEARING DATE(S) : 23/08/07 JUDGMENT OF : Gzell J
EX TEMPORE JUDGMENT DATE : 23 August 2007
DECISION : Leave required. Leave granted to withdraw admission. No order as to costs.
CATCHWORDS : PROCEDURE - Miscellanous procedural matters - Amendments - Application to amend statement of claim to withdraw an admission - Whether leave required under the Uniform Civil Procedure Rules 2005, r 12(6) - Solicitor drew statement of claim in the mistaken view that if an unfair mortgage by one bank was refinanced by another bank, the refinancing bank must be given credit for the unfair loan - Whether the admission should be withdrawn - Matter not set down for trial
LEGISLATION CITED : Uniform Civil Procedure Rules 2005 Contracts Review Act 1980
Mizzi v Reliance Financial Services Pty Ltd & Ors [2007] NSWSC 37 St George Bank Ltd v Trimarchi [2003] NSWSC 151 Drabsch v Switzerland General Insurance Co Ltd, NSWSC, unreported, 16 October 1996 Coopers Brewery Ltd v Panfida Foods Ltd (1992) 26 NSWLR 738 CASES CITED : Maile v Rafiq [2005] NSWCA 410 SLE Worldwide v WGB & Ors [2005] NSWSC 816 Queensland v JL Holdings Pty Ltd (1996-1997) 189 CLR 146 Ridolfi v Rigato Farms Pty Ltd (2001) 2 Qd R 455 Read v McEwen & Anor [2007] NSWSC 825
Awatef Khouri - First Plaintiff PARTIES : Fred Khouri - Second Plaintiff National Australia Bank Ltd - Defendant
FILE NUMBER(S) : SC 5648/06
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