Australian and New Zealand Banking Group Limited v Vicki Christine Londish [2012] NSWSC 809

Supreme Court New South Wales

Medium Neutral Citation: Australian and New Zealand Banking Group Limited v Vicki Christine Londish [2012] NSWSC 809 Hearing dates: 17/7/2012 Decision date: 17 July 2012 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Leave is granted for the defendant to withdraw the admissions made in the original defence filed on 26 March 2012. (2) The defendant is to file and serve an amended defence by 5.00 pm on 24 July 2012. (3) The plaintiff's notice of motion filed 1 June 2012 is dismissed. (4) The defendant is to pay the costs thrown away by the amendment and the costs of the motions filed 1 June 2012 and 6 July 2012. Catchwords: PRACTICE AND PROCEDURE - application to file amended defence - application for leave to withdraw admissions contained in original defence - UCPR rule 12.6 - original defence prepared without proper legal advice - leave to file amended defence granted Legislation Cited: Civil Procedure Act 2005 Contracts Review Act 1980 Uniform Civil Procedure Rules 2005 Cases Cited: Amadio v Commercial Bank of Australia Ltd (1983) 151 CLR 447 Bank of Western Australia v Salmon (No 1) [2009] NSWSC 224 Drabsch v Switzerland General Insurance Co Ltd (1996) 130 FLR 127 Khouri v National Bank Ltd [2007] NSWSC 987 SLE Worldwide Australia Pty Ltd v Wyatt Gallagher Bassett Pty Ltd [2005] NSWSC 816 Category: Procedural and other rulings Parties: Australia and New Zealand Banking Group Limited (Plaintiff) Vicki Christine Londish (Defendant) Representation: Counsel: Solicitors: File Number(s): 2012/60587