Daryl Ferguson v Armgauge Pty Ltd
[2006] QSC 409
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- Unreported Judgment
Ferguson v Armgauge Pty Ltd
[2006] QSC 409
SUPREME COURT OF QUEENSLAND
CIVIL JURISDICTION
JONES J
Claim No 27 of 2002
|
DARYL FERGUSON |
Plaintiff |
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and |
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ARMGAUGE PTY LTD (ACN 084 440 684) |
First Defendant |
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and |
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|
RC HARDER AND COMPANY |
Second Defendant |
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and |
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WG & ES CARLSEN BUILDERS PTY LTD (ACN 064 058 368) |
Third Defendant |
CAIRNS
DATE 17/11/2006
JUDGMENT
HIS HONOUR: This is application pursuant to rule 189 of the Uniform Civil Procedure Rules made by the plaintiff seeking the withdrawal of a deemed admission that was made by not answering a notice to admit facts, delivered on the 21st of August 2003.
The reason for not answering the notice to admit facts is explained as an oversight by the plaintiff's solicitors. The principal solicitor who had the carriage of the matter was overseas when the document was served and its presence was not noticed on return and the time for responding to the notice passed before the true situation was known.
The party who has most to gain from the admission was the second defendant and the second defendant has agreed to allow the deemed admission to be withdrawn in appreciation of the circumstances in which the oversight occurred.
The other defendants have expressed, in correspondence, no interest in the outcome of the application.
In those circumstances, I should exercise my discretion to allow the plaintiff to withdraw the deemed admission. I will make orders in terms of the consent order initialled by me and placed with the papers.