Commonwealth Bank of Australia v Xiong & Ors; Landmax Developments Pty Ltd v Commonwealth Bank of Australia [2010] NSWSC 1518

New South Wales Supreme Court

CITATION : Commonwealth Bank of Australia v Xiong & Ors; Landmax Developments Pty Ltd v Commonwealth Bank of Australia [2010] NSWSC 1518 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 13 December 2010 JUDGMENT OF : Slattery J at 1

EX TEMPORE JUDGMENT DATE : 13 December 2010

CATCHWORDS : PROCEDURE - miscellaneous procedural matters - admission made in defence - parties agree to amend Stament of Claim and Defence - Amended Defence withdraws admissions made in earlier form of Defence - no leave to withdraw admissions sought in addition to the making of general orders to amend - UCPR, r 17.2 - HELD - the Court's leave to withdraw in a proposed Amended Defence an admission made in an existing defence in addition the party agreeing to consent orders amending the pleadings.

LEGISLATION CITED : Uniform Civil Procedure Rules (2005) Part 17 Rule 2

CATEGORY : Procedural and other rulings

Coopers Brewery Ltd v Panfida Foods Ltd (1992) 26 NSWLR 738 Demasi v Linfox Transport (Aust) Pty Limited (unreported, NSWSC,14 June 1995) Drabsch v Switzerland General Insurance Co Ltd (unreported 16 October 1996) Jeans v Commonwealth Bank of Australia (2003) 204 ACR 327 CASES CITED : Maile v Rafiq [2005] NSWCA 410 McFadden v Snow (1952) 69 WN (NSW) 8 Nominal Defendant v Gabriel (2007) 71 NSWLR 150 Rigato Farms Pty Ltd v Ridolfi [2001] 2 QdR 455 Silver v Dome Resources NL [2005] NSWSC 265 SLE Worldwide Australia Pty Limited v Wyatt Gallagher Bassesst Pty Limited [2005] NSWSC 816