National Australia Bank Ltd v Swed [2014] NSWSC 811

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Ltd v Swed [2014] NSWSC 811 Hearing dates: 13 June 2014 Decision date: 13 June 2014 Jurisdiction: Common Law Before: Davies J Decision: 1. The Defendant is permitted to withdraw admissions contained in paragraphs 6 - 11 in the Notice to Admit Facts dated 27 March 2013. 2. The Defendant is to pay the Plaintiff's cost of the Notice of Motion. Catchwords: EVIDENCE - admissions - deemed admissions from a failure to respond to a Notice to Admit Facts - application to withdraw admissions - admissions central to defence of the claim - defendant had already served evidence contrary to admissions - withdrawal of admissions allowed Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (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 Candy v GIO General Ltd [2013] NSWSC 810 Commonwealth Bank of Australia v Dimitrovski [2013] NSWSC 812 Coopers Brewery Ltd v Panfida Foods Ltd (1992) 26 NSWLR 738 Drabsch v Switzerland General Insurance Co Ltd (Supreme Court (NSW), Santow J, 16 October 1996, unrep) Le Meilleur Pty Ltd v Jin Heung Mutual Savings Bank Co Ltd [2011] NSWSC 1115 Category: Interlocutory applications Parties: National Australia Bank Ltd (Plaintiff) Joul Swed (Defendant) Representation: Counsel: P Newton (Plaintiff) R A Parsons (Defendant) Solicitors: Gadens Lawyers (Plaintiff) V L Macri Lawyers (Defendant) File Number(s): 2012/37848