Philip Karadaghian v Big Beat (Australia) Pty Ltd [2014] NSWSC 496

Supreme Court New South Wales

Medium Neutral Citation: Philip Karadaghian v Big Beat (Australia) Pty Ltd [2014] NSWSC 496 Hearing dates: 26 February 2013, 12-13 June 2013, 25 July 2013, 22 November 2013 Decision date: 30 April 2014 Before: Rothman J Decision: 1. Prayer 5 of the Motion, notice of which was filed on 27 September 2012, dismissed; 2. Prayers 1, 2, 3 and 4 of the Motion, notice of which was filed on 27 September 2012, adjourned to a date to be fixed; 3. The first defendant pay the plaintiff's costs of and incidental to the motion, except those costs solely referable to an appointment with and the report of Professor Mattick, which costs will await the outcome of those particular prayers for relief. 4. Liberty to apply on 2 days' notice. Catchwords: PRACTICE AND PROCEDURE - withdrawal of admissions and amendment of pleadings - principle to be applied - admission probably correct - irremediable prejudice Legislation Cited: Security Industry Act 1997 (NSW) Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Drabsch v Switzerland General Insurance Company Ltd & Ors (unreported, 16 October 1996, Supreme Court of NSW) Sangora Holdings Pty Ltd v Dunstan (unreported, Supreme Court of Western Australia, Full Court, 13 April 1999 SLE Worldwide v WGB & Ors [2005] NSWSC 816 Category: Interlocutory applications Parties: Philip Karadaghian (Plaintiff) Big Beat (Australia) Pty Ltd (First Defendant) Ambiant Pty Ltd (Second Defendant) Representation: Counsel: P Mooney SC (Plaintiff) D Lloyd (First Defendant) Self represented (Second Defendant) Solicitors: Steve Masselos & Co Solicitors (Plaintiff) Norton Rose Australia (First Defendant) File Number(s): 2010/351104 Publication restriction: None