Permanent Custodians Limited v Nobilo

The matter of Permanent Custodians Limited versus Nobilo was heard in the Supreme Court of Victoria. Permanent Custodians Limited, the plaintiff, sought to set aside an admission made in pleadings by Nobilo, the defendant, in the context of a dispute over a loan agreement. The plaintiff argued that the admission was made inadvertently and sought leave to withdraw the admission. The defendant opposed the application, asserting that the plaintiff had not provided sufficient evidence to substantiate the claim that the admission was inadvertent.

The court was tasked with determining whether an admission in pleadings could be withdrawn based on an allegation that it was made inadvertently, and if so, what standard of proof was required to establish such an allegation. The court also considered the necessity of evidence from the party who verified the pleadings to substantiate the claim of inadvertent admission. The plaintiff, represented by a solicitor, had verified the pleadings twice but did not provide evidence from the solicitor to support the claim that the admission was inadvertent.

The court found that the plaintiff had not met the required standard of proof to set aside the admission. The court held that the party who verified the pleadings must provide evidence as to the actual facts and circumstances in which the pleading containing the admission was verified. In this case, the plaintiff had failed to provide such evidence from the solicitor. Consequently, the court refused the plaintiff's application to withdraw the admission.