Patten v Motor Traders’ Association of New South Wales [2018] NSWSC 392

Supreme Court New South Wales

Medium Neutral Citation: Patten v Motor Traders' Association of New South Wales [2018] NSWSC 392 Hearing dates: 14 March 2018 Date of orders: 04 April 2018 Decision date: 04 April 2018 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The Defendant has leave to file an Amended Defence in the form of the proposed Amended Defence served on 5 February 2018, excluding the amendment to paragraph 8.

(2) The Defendant has leave to withdraw admissions made in the Defence filed in these proceedings to the extent set out in the proposed Amended Defence served on 5 February 2018, excluding those in paragraph 8. Catchwords: CIVIL PROCEDURE – application to amend defence – application to withdraw admissions – where Defendant not aware of relevant facts – no undue prejudice or delay – application granted Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 64 Uniform Civil Procedure Rules 2005 (NSW) r 12.6 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2007] FCA 1390 Centrestate Exports Pty Ltd v Amarantos Shipping Co Ltd [2005] SASC 158 Drabsch v Switzerland General Insurance Co Ltd (Supreme Court (NSW), Santow J, 16 October 1996, unrep) Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146; [1997] HCA 1 SLE Worldwide v WGB [2005] NSWSC 816 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm), in the matter of Tamaya Resources Limited (in liq) [2015] FCA 1098 Category: Procedural and other rulings Parties: Gregory Patten (Plaintiff/Respondent) Motor Traders' Association of New South Wales (Defendant/Applicant) Representation: Counsel: R Francois (Plaintiff/Respondent) P Moorhouse (Defendant/Applicant)