Taree Truck Centre Pty Ltd v Kneeward Pty Ltd [2018] NSWCA 16

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Taree Truck Centre Pty Ltd v Kneeward Pty Ltd [2018] NSWCA 16 Hearing dates: 15 February 2018 Date of orders: 15 February 2018 Decision date: 15 February 2018 Before: Gleeson JA at [1] Payne JA at [1] Decision: Summons seeking leave to appeal dismissed with costs Catchwords: APPEAL – application for leave to appeal – no issue of principle

CIVIL PROCEDURE – deemed admission made under UCPR r 17.3 – whether trial judge erred in refusing application for leave to withdraw deemed admission under UCPR r 17.3 Legislation Cited: Civil Procedure Act 2005 (NSW) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Abou-Lokmeh v Harbour Radio Pty Ltd [2016] NSWCA 228 Battaglia v ING Bank (Australia) Limited [2014] NSWCA 387 Benton v QBE Workers Compensation (NSW) Ltd [2015] NSWCA 101 Cavar v Commonwealth of Australia as represented by and acting through the Department of Human Services [2016] NSWCA 312 House v The King (1936) 55 CLR 499; [1936] HCA 40 In the Will of Gilbert (1946) 46 SR (NSW) 318 Maile v Rafiq [2005] NSWCA 410 Rippon v Chilcotin Pty Ltd (2001) 53 NSWLR 198; [2001] NSWCA 142 Toppro Pty Ltd v Yoo [2016] NSWCA 119 Texts Cited: None Category: Principal judgment Parties: Taree Truck Centre Pty Ltd (Applicant) Kneeward Pty Ltd trading as Taree Recycling Centre (Respondent) Representation: Counsel: R Sheldon SC (Applicant) S Harben SC (Respondent)