Helou v M & J Enterprises Australia Pty Ltd (No 5) [2017] NSWSC 921

Supreme Court New South Wales

Medium Neutral Citation: Helou v M & J Enterprises Australia Pty Ltd (No 5) [2017] NSWSC 921 Hearing dates: 5 July 2017 Date of orders: 14 July 2017 Decision date: 14 July 2017 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: (1) Leave is granted to the cross-claimants, Miloslav Gligorijevic and Jagoda Gligorijevic, to withdraw admissions 4, 8, 9, 10, 11, 12, 14, 15, 16, 17 and 19 in the Notice to Admit Facts and Documents, dated 14 October 2015, filed on behalf of George Helou. (2) Leave is granted to the cross-claimants to file the Second Further Amended Statement of Cross-Claim, dated 7 April 2017, and attached to the cross-claimants' Notice of Motion of 21 April 2017. (3) The cross-claimants are to pay 70 per cent of the cross-defendants' costs of the motion. Catchwords: PRACTICE AND PROCEDURE – rules 17.3 and 17.6 Uniform Civil Procedure Rules 2005 (NSW) – application to withdraw admissions contained in Notice to Admit Facts and Documents – no response to Notice – reasons for no response – party serving notice did not change its position in reliance on admissions – leave sought to file Amended Statement of Cross-Claim – extent of amendments not restricted by earlier decision of Court – leave granted to withdraw admissions and to file Amended Statement of Cross-Claim – COSTS – successful party seeking indulgence of the Court – successful party to pay a proportion of unsuccessful party's costs. Legislation Cited: Uniform Civil Procedures Rules 2005 (NSW) – r 17.3, 17.6 Cases Cited: Blair v Curran [1939] HCA 23; 62 CLR 464 Helou v M & J Enterprises [2016] NSWSC 1202 Category: Procedural and other rulings Parties: George Helou – Plaintiff M & J Enterprises Australia Pty Ltd – First Defendant Jagoda Gligorijevic – Second Defendant Milosav Gligorijevic – Third Defendant Milosav Gligorijevic – First Cross-Claimant Jagoda Gligorijevic – Second Cross-Claimant George Helou – First Cross-Defendant Rita Helou – Second Cross-Defendant Representation: Counsel: Mr J R Young – Plaintiff/Cross-Defendants Mr M Rollinson – Defendants/Cross-Claimants