A J Lucas Operations Pty Ltd v C.P.W Trailer Sales and Repairs Pty Ltd & Ors [2014] NSWSC 497

Supreme Court New South Wales

Medium Neutral Citation: A J Lucas Operations Pty Ltd v C.P.W Trailer Sales and Repairs Pty Ltd & Ors [2014] NSWSC 497 Hearing dates: 17 April 2014 Decision date: 17 April 2014 Before: Rothman J Decision: 1. Leave for the defendants, and each of them, to withdraw admissions made in the pleadings and within 14 days' hereof file further amended defences in or to the effect of that attached to the respective notices of motion. Save that each defendant is entitled to deny allegations proposed only to be "not admitted" in the said prospective pleading 2. The defendant shall pay the costs thrown away on an indemnity basis. The costs thrown away will be payable forthwith. 3. The defendants will pay the plaintiff's costs of the motion on the ordinary basis. 4. Liberty to apply on three days' notice. Catchwords: PRACTICE AND PROCEDURE - amendment to pleadings - withdrawal of admission - clarity of issue between parties Legislation Cited: 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, NSWSC) Sangora Holdings Pty Ltd v Dunstan (unreported, Supreme Court of Western Australia, Full Court, 13 April 1999) SLE Worldwide v WGB & Anors [2005] NSWSC 816 Category: Interlocutory applications Parties: A J Lucas Operations Pty Ltd (Plaintiff) C.P.W. Trailer Sales and Repairs Pty Ltd (First Defendant) Coe Drilling Pty Ltd (Second Defendant) Stephen James Edward Coe (Third Defendant) Representation: Counsel: Luitingh (Plaintiff) AI James (First and Third Defendant) J Simpkins SC/J Oakley (Second Defendant) Solicitors: Truman Hoyle Lawyers (Plaintiff) Buchanan Legal (First and Third Defendant) Otto Martiens Lawyers (Second Defendant) File Number(s): 2011/00142924 Publication restriction: None