Sergi v Sergi [2019] NSWSC 865

Supreme Court New South Wales

Medium Neutral Citation: Sergi v Sergi [2019] NSWSC 865 Hearing dates: 14 June 2019 Date of orders: 11 July 2019 Decision date: 11 July 2019 Jurisdiction: Equity Before: Darke J Decision: Leave granted to amend Defence and Cross-Claim Catchwords: PRACTICE AND PROCEDURE – pleadings – admissions – withdrawal of admissions – Uniform Civil Procedure Rules 2005 (NSW) ("UCPR") r 12.6 – plaintiffs commenced proceedings seeking relief under Conveyancing Act 1919 (NSW) s 66G in respect of various properties – defendants filed a Statement of Cross-Claim containing an assertion that some of the properties were held in a partnership at will – where Defence asserts general reliance upon the Statement of Cross-Claim – where first plaintiff gave notice of dissolution of partnership in reliance on the assertion of a partnership at will – where defendants subsequently sought leave to amend pleadings to allege partnerships other than at will – whether the assertion of a partnership at will is an admission – whether the assertion of a partnership at will is a matter which operates for the benefit of another party – assertion held not to be an admission or other matter that operates for the benefit of another party within UCPR r 12.6(2) – leave to withdraw not required – leave to amend granted Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 58, 64 Conveyancing Act 1919 (NSW), s 66G Uniform Civil Procedure Rules 2005 (NSW), rr 9.1, 12.6, 14.26, 16.3, 17.2, 17.3, 17.4, 17.5 Cases Cited: Fabrizio v Wickham Hill Investment Pty Ltd [2018] NSWSC 612 In the matter of Dymocks Book Arcade Pty Ltd [2013] NSWSC 298 Khouri v National Australia Bank Ltd [2007] NSWSC 987 Rigato Farms Pty Ltd v Ridolfi [2001] 2 Qd R 455 SLE Worldwide Australia Pty Ltd v Wyatt Gallagher Bassett Pty Ltd [2005] NSWSC 816 Category: Procedural and other rulings Parties: Umberto Sergi (First Plaintiff) Cleopine Pty Ltd (Second Plaintiff) Rosario Sergi (First Defendant) Georgio Sergi (Second Defendant) Posamusa Pty Ltd (Third Defendant) Antonio Sergi (Fourth Defendant) Maria Sergi (Fifth Defendant) Salvatore Papasidero (Sixth Defendant) Adalina Papasidero (Seventh Defendant) Sergi Bros Pty Ltd (Eighth Defendant) Sercon Developments Pty Ltd (Ninth Defendant) Ross Sergi Pty Ltd (Tenth Defendant) Representation: Counsel: Mr D L Williams SC with Mr A M Gruzman (Plaintiffs) Mr D Barlin (First to Third and Eighth to Tenth Defendants)