Latimer v Day Jr [2014] NSWSC 1217

Supreme Court New South Wales

Medium Neutral Citation: Latimer v Day Jr [2014] NSWSC 1217 Hearing dates: 01/09/2014 Decision date: 01 September 2014 Jurisdiction: Common Law Before: R S Hulme AJ Decision: 1. Defendant's notice of motion filed on 4 August 2014 be dismissed. 2. Extend time to serve a Notice Disputing the Facts the subject of paragraphs 15, 17, 18, 19-23, 29, 30 and 34 of the Defendant's Notice to Admit dated 4 June 2014 up to, and including, Friday, 5 September 2014. I see no reason to extend time so as to permit the Plaintiff to dispute the remaining paragraphs of that notice or the authenticity of the documents referred to in it. 3. Grant leave to extend time to serve a notice disputing the facts the subject of paragraphs 15, 17, 18, 19 to 23, 29, 30 and 34 of the defendant's notice to admit dated 4 June 2014 up to and including Friday 5 September 2014. I see no reason to extend time so as to permit the plaintiff to dispute the remaining paragraphs of that notice or the authenticity of the documents referred to in it. 4. Order each side to pay its own costs of, and incidental to, the notices of motion, which I have dealt with today. Catchwords: NOTICE TO ADMIT FACTS - Little or no benefit Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Category: Procedural and other rulings Parties: Gregory William Latimer (Plaintiff) Maurice Jerome Day Jr (Defendant) Representation: Counsel: D R Campbell SC / S J Longhurst (Plaintiff) M J Walsh (Defendant) Solicitors: RMB Lawyers (Plaintiff) Norton Rose Fulbright (Defendant) File Number(s): 2009/339881