In the matter of Bluemine Pty Limited (in liq) [2019] NSWSC 1807

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bluemine Pty Limited (in liq) [2019] NSWSC 1807 Hearing dates: 18 June 2019 Date of orders: 18 June 2019 Decision date: 18 June 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Leave to withdraw admission in respect of paragraph 3 of the Amended Statement of Claim refused. Catchwords: CIVIL PROCEDURE – admissions – withdrawal – where leave sought to withdraw admission made in verified defence – where admission is of stated fact – where evidence led by individual defendant provides little justification for application to withdraw admission – where no prejudice to plaintiff in allowing admission to be withdrawn – whether leave to withdraw admission should be given. Legislation Cited: - Uniform Civil Procedure Rules 2005 (NSW) r 12.6 Cases Cited: - Drabsch v Switzerland General Insurance Co Ltd (Unreported, Supreme Court of New South Wales, Santow J, 16 October 1996) - Jeans v Commonwealth Bank of Australia Limited (2003) 204 ALR 327 - Nominal Defendant v Gabriel [2007] NSWCA 52; (2007) 71 NSWLR 150 - Re Dymocks Book Arcade Pty Limited [2013] NSWSC 298 - Rigato Farms Pty Ltd v Ridolfi [2000] QCA 292; [2001] 2 Qd R 455 - SLE Worldwide Australia Pty Limited v Wyatt Gallagher Bassett Pty Limited [2005] NSWSC 816 Category: Procedural and other rulings Parties: Mitchell Warren Ball in his capacity as liquidator of Bluemine Pty Limited (in liq) (First Plaintiff) Bluemine Pty Limited (in liq) (Second Plaintiff) Gino Cassaniti (Eleventh Defendant) Discobell Pty Ltd (Thirty-Fourth Defendant) Ivana Cassaniti (Thirty-Fifth Defendant) Representation: Counsel: I D Faulkner SC/S V Shepherd (First and Second Plaintiffs) R D Marshall SC/J C Lee (Eleventh, Thirty-Fourth and Thirty-Fifth Defendants)