The Owners – Strata Plan 72739 v Allianz Australia Insurance Limited [2017] NSWSC 1118

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan 72739 v Allianz Australia Insurance Limited [2017] NSWSC 1118 Hearing dates: 16/08/2017 Date of orders: 24 August 2017 Decision date: 24 August 2017 Jurisdiction: Equity - Technology and Construction List Before: McDougall J Decision: Refuse leave to withdraw admissions. Catchwords: CIVIL PROCEDURE — Admissions — Withdrawal – Civil Procedure Act NSW (2005) ss 56, 58, 64 — where no evidence to explain why admissions were made — where applicant will suffer prejudice if the application is refused and respondent with suffer prejudice if the application is granted Legislation Cited: Civil Procedure Act 2005 (NSW) Home Building Act 1989 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Drabsch v Switzerland General Insurance Co Ltd, Supreme Court of New South Wales 16 October 1996, unreported Maile v Rafiq [2005] NSWCA 410 NM Rural Enerprises Pty Ltd v Rimanui Farms Ltd [2010] NSWSC 969 Rigato Farms Pty Ltd v Ridolfi [2001] 2 Qd R 455 Sangora Holdings Pty Ltd v Dunstan, Supreme Court of Western Australia, Full Court, 13 April 1999, unreported SLE Worldwide v WGB & Others [2005] NSWSC 816 Category: Procedural and other rulings Parties: The Owners – Strata Plan 72739 (Plaintiff) Allianz Australia Insurance Limited (Defendant) Representation: Counsel: MR Pesman SC (Plaintiff/Respondent) T Lynch / SS Ahmed (Defendant/Applicant)