Hill End Gold Ltd v First Tiffany Resource Corp [2008] NSWSC 866

New South Wales Supreme Court

CITATION : Hill End Gold Ltd v First Tiffany Resource Corp [2008] NSWSC 866

HEARING DATE(S) : 14 & 15 July 2008

JUDGMENT DATE : 22 August 2008

JURISDICTION : Equity Division Expedition List

JUDGMENT OF : Brereton J

DECISION : Leave granted to defendant to withdraw admissions made in amended defence filed 19 July 2007.

CATCHWORDS : PROCEDURE – ADMISSIONS – application to withdraw admissions made in amended defence – where admissions made with legal advice and in pursuit of narrowing issues in dispute – whether admissions wrongly and/or inadvertently made – where admissions made whilst defendant changing solicitors – where withholding leave to withdraw admissions would result in matter proceeding on false factual basis and preclude defendant from pleading a viable defence – balance of prejudice – whether prejudice occasioned to plaintiff irreversibly detrimental – whether withholding leave to withdraw admissions in the interests of the "just, cheap and quick" resolution of the dispute.

LEGISLATION CITED : (NSW) Uniform Civil Procedure Rules, r 12.6

CATEGORY : Procedural and other rulings

Drabsch v Switzerland General Insurance Co Ltd (NSWSC, 16 October 1996, unreported, BC9604909) For the Good Times Pty Ltd v Coltern Pty Ltd [2007] NSWSC 108 CASES CITED : Jeans v Commonwealth Bank of Australia [2003] FCAFC 309, (2003) 204 ALR 327 Silver v Dome Resources NL [2005] NSWSC 265 Sirius Shipping Corp v Ship 'Sunrise' [2006] NSWSC 164 SLE Worldwide Australia Pty Ltd v Wyatt Gallagher Bassett Pty Ltd [2005] NSWSC 816

PARTIES : Hill End Gold Limited (plaintiff/respondent) First Tiffany Resource Corporation (defendant/applicant)