P33 of 2003 v Refugee Review Tribunal

The case involves the applicants, P33 and P36, who were seeking an extension of time to file a response to Notices to Admit Facts served by the respondents, the second and third respondents, in proceedings before the Federal Court. The applicants had served Notices to Admit Facts under O 18 r 2(2) of the Federal Court Rules, dated 28 October 2003, and filed on 29 October 2003. The respondents did not respond to the notices within the 14-day period stipulated by the rules, resulting in deemed admissions. The respondents subsequently sought an extension of time to respond to the notices and leave to withdraw any admissions made by operation of O 18 r 2(2). The legal issues before the court were whether an extension of time should be granted and whether the respondents should be allowed to withdraw the admissions.

The court considered whether the respondents' failure to respond to the notices was due to inadvertence and whether they should be held to their false position. The court found that the deemed admission had occurred due to inadvertence and that the respondents should not be held to a false position because of it. The court also noted that the filing of a submitting appearance by the Tribunal as a first respondent did not immunise a party from the effects of non-response to a Notice to Admit Facts. The court granted the respondents leave to withdraw the admissions they were deemed to have made by operation of O 18 r 2(2) on the same basis as the second and third respondents.

In conclusion, the court found that no extension of time was necessary by reason of Order 55 of the High Court Rules to enable the grant of the relief sought by the applicant. The court granted the respondents leave to withdraw the admissions they were deemed to have made of the facts set out in the applicant's Notice to Admit Facts filed on 29 October 2003. The court made no order as to the costs of the motion.