Tanwar Enterprises Pty Limited v Bradshaw [2013] NSWSC 1276

Supreme Court New South Wales

Medium Neutral Citation: Tanwar Enterprises Pty Limited v Bradshaw [2013] NSWSC 1276 Hearing dates: 1 August 2013 Decision date: 13 September 2013 Before: Bellew J Decision: 1. The matter is listed for further directions before me at 9:15am on Thursday 19 September 2013, at which time the parties are to bring in Short Minutes of Order reflecting the conclusions that I have reached. Catchwords: APPEAL - Appeal from Local Court - where Magistrate entered judgment in favour of the plaintiff against the defendant based upon the defendant's vicarious liability - where Magistrate found, in determining a related cross-claim, that vicarious liability had not been established - where findings inconsistent

APPEAL - Appeal from Local Court - where cross-defendant conceded an indebtedness to cross-claimant on cross-claim - where Magistrate entered a verdict and judgment in favour of the cross - defendant notwithstanding that concession

APPEAL - Appeal from Local Court - bailment - where Magistrate concluded that a bailor cannot be liable vicariously for the tortious acts of a bailee

PRACTICE AND PROCEDURE - statements made by counsel in the course of hearing as to matters in issue - whether party represented by counsel bound by those statements

PRACTICE AND PROCEDURE - Pleadings - whether there was a failure to traverse an allegation of fact - whether failure to traverse gave rise to a deemed admission of the fact pleaded - discretionary power of the court to enter judgment on admissions - necessity for the admissions to be clear and unambiguous - necessity for the discretion to be exercised in favour of entering judgment only in a case which is clear and unanswerable