Stafford & anor v Kekatos & anor (No 2) [2008] NSWSC 1044

New South Wales Supreme Court

CITATION : Stafford & anor v Kekatos & anor (No 2) [2008] NSWSC 1044

HEARING DATE(S) : 10 September 2008

JUDGMENT DATE : 8 August 2008

JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 10 September 2008

DECISION : Application for leave to withdraw admissions dismissed.

CATCHWORDS : PROCEDURE – ADMISSIONS – application to withdraw admission that document was executed and delivered by defendants to plaintiffs – whether admission wrongly made – where prima facie reading of document discloses facts as pleaded and admitted – necessity for evidence indicating that admission is wrongly and/or inadvertently made – where first defendant maker of document not giving evidence in proceeding – whether admission inadvertently made – balance of prejudice.

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 CASES CITED : Sirius Shipping Corporation v The Ship Sunrise [2006] NSWSC 164 SLE World Wide Australia Pty Ltd v Wyatt Gallagher Bassett Pty Ltd [2005] NSWSC 816 Stafford v Kekatos [2008] NSWSC 810

Susan Stafford (first plaintiff) PARTIES : Rhonda Dawn Stafford (second plaintiff) Voula Kekatos (first defendant) George Kekatos (second defendant)

FILE NUMBER(S) : SC 4871/06

Mr P Hallen SC w Mr E T Finnane (plaintiffs) COUNSEL : Mr M H Southwick (first defendant) Mr C Stomo (second defendant)

Uther Webster & Evans (plaintiffs) SOLICITORS : Kells The Lawyers (first defendant) Proctor & Associates (second defendant)