Broadlex Services v RCR Resolve FM [2015] NSWSC 1367

Supreme Court New South Wales

Medium Neutral Citation: Broadlex Services v RCR Resolve FM [2015] NSWSC 1367 Hearing dates: 7 September 2015, 8 September 2015, 9 September 2015, 10 September and 11 September 2015 Decision date: 11 September 2015 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Refuse leave to withdraw admission and to amend Catchwords: INTERLOCUTORY ORDERS – application for leave to amend – where plaintiff admitted in its pleadings that a contract with the defendant had been formed from acceptance by conduct of a written offer – where it later sought to withdraw that admission and plead another mechanism of formation of the contract – application made after a four-day hearing – where defendant had no opportunity to muster evidence to meet the case sought to be put – where allowing the application so late in the day would not be just, quick or cheap – consequence of rejection of leave to withdraw the admission and to amend the pleadings Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153 Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd (1988) 14 NSWLR 523 Category: Procedural and other rulings Parties: Broadlex Services Pty Ltd (Plaintiff / Cross-Defendant) RCR Resolve FM Pty Ltd (Defendant / Cross-Claimant) Representation: Counsel: R C Gration (Plaintiff / Cross-Defendant) T J Breakspear (Defendant / Cross-Claimant)

Solicitors: Johnson Winter & Slattery (Plaintiff / Cross-Defendant) Kennedys (Defendant / Cross-Claimant) File Number(s): 2014/69596