SUPREME COURT OF QUEENSLAND
CITATION:
Pollock v Thiess Pty Ltd & Ors [2014] QSC 22
PARTIES:
SCOTT WILLIAM POLLOCK
Plaintiff
And
THIESS PTY LTD
First Defendant
and
AUSTRALIAN BEARINGS CORPORATION PTY LTD
Second Defendant
and
WORKCOVER QUEENSLAND
Third Defendant
FILE NO/S:
S234 /2013
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Rockhampton
DELIVERED ON:
3 March 2014
DELIVERED AT:
Supreme Court Bundaberg
HEARING DATE:
20 February 2014
JUDGE:
McMeekin J
ORDERS:
1. Time for service of each application is abridged.
2. The second defendant is given leave to:
(i) withdraw the deemed admissions made in paragraphs 3 and 8 of its defence; and
(ii) amend its defence, as it might be advised, in accordance with these reasons.
3. The third defendant is given leave to withdraw the deemed admissions to paragraphs 4(a), 4(b), 4(c), 4(e), 6 and 7 of the plaintiff’s Notice to Admit Facts dated 21 November 2013.
4. No order as to costs in either application.CATCHWORDS:
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES – OTHER MATTERS – where the second defendant’s pleading resulted in deemed admissions – where the second defendant’s pleading does not comply with the Uniform Civil Procedure Rules 1999 (Qld) – whether leave should be granted to withdraw the deemed admissions
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER THE UNFORM CIVIL PROCEDURE RULES – OTHER MATTERS – where the third defendant failed to respond to a Notice to Admit Facts served by the plaintiff resulting in admissions – where the Notice to Admit Facts contained questions of law – whether a question of law can be deemed an admission under r189 of the Uniform Civil Procedure Rules 1999 (Qld)
Uniform Civil Procedure Rules 1999 (Qld) r149, r150, r166, r171, r188, r189
Ballesteros v Chidlow (No 2) [2005] QSC 285 cited
Commix Communications Pty Ltd v Cammeray Investments Pty Ltd [2005] QSC 394 cited
Cormie v Orchard [2001] QSC 21 cited
Hanson Construction Materials Pty Ltd v Davey & Anor [2010] QCA 246 cited
Hartmann v Pilkington & Ors [2012] QSC 254 cited
In Roma Pty Ltd v Adams & Anor [2012] QCA 347 cited
Piatek v Piatek & Anor [2010] QSC 122 cited
Ridolfi v Rigato Farms Pty Ltd [2001] 2 Qd R 455 followed
COUNSEL:
R Morton for the Plaintiff
SK Yau (solicitor) for the First Defendant
S Deaves for the Second Defendant
B Charrington for the Third Defendant
SOLICITORS:
Suthers Lawyers for the Plaintiff
Sparke Helmore for the First Defendant
DibbsBarker for the Second Defendant
Hopgood Ganim Lawyers for the Third Defendant
McMeekin J: There are two applications before the Court. They each concern a defendant’s desire to withdraw admissions, alleged deemed admissions resulting from a very poorly drawn pleading in the case of the second defendant, and admissions following on from a failure to make a timely response to a Notice to Admit Facts in the case of the third defendant.
The proceedings involve a claim for damages for negligence, the plaintiff…
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- Case
- [2014] QSC 22
- Decision Date
CaseChat Overview and Summary
The court considered whether the second defendant’s pleadings, which did not comply with the rules, should result in deemed admissions, and whether leave should be granted to withdraw those admissions. The court found that the second defendant’s failure to comply with the rules warranted the admissions but also noted the need for procedural fairness. The court granted leave for the second defendant to withdraw the admissions and amend its defence. Regarding the third defendant, the court examined whether questions of law could be subject to deemed admissions under the rules. The court determined that the admissions related to factual matters, not questions of law, and granted the third defendant leave to withdraw those admissions. The court decided not to make any orders as to costs in either application.
Orders
Orders of the court
1. Time for service of each application is abridged.
2. The second defendant is given leave to:
(i) withdraw the deemed admissions made in paragraphs 3 and 8 of its defence; and
(ii) amend its defence, as it might be advised, in accordance with these reasons.
3. The third defendant is given leave to withdraw the deemed admissions to paragraphs 4(a), 4(b), 4(c), 4(e), 6 and 7 of the plaintiff’s Notice to Admit Facts dated 21 November 2013.
4. No order as to costs in either application.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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