Rigato Farms P/L v Ridolfi

[2000] QCA 292

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › General principles
3. › Interference with discretion of court below
4. › Discretion on matters of practice and procedure
5. › Particular caution required
6. › Whether ground for interfering with judge's discretion established
7. › House v The King (1936) 55 CLR 499
1. Practice and Procedure
2. › Admissions
3. › Deemed admissions
4. › Withdrawal of admissions
5. › Application for leave to withdraw deemed admissions under notice to admit facts
6. › Whether admissions may be withdrawn merely for the asking
7. › Requirement for sworn evidence explaining how admission came to be made
8. › Uniform Civil Procedure Rules 1999 (Qld), r 189
1. Practice and Procedure
2. › Purpose of procedural rules
3. › Uniform Civil Procedure Rules 1999 (Qld)
4. › Obligation of expeditious resolution
5. › Whether failure to respond excusable in light of Practice Direction No 10 of 1999
6. › Uniform Civil Procedure Rules 1999 (Qld), r 5
1. Employment Law
2. › Liability of employer for injury to employee at common law
3. › Evidence and onus of proof
4. › Whether deemed admissions deprived appellant of opportunity to raise causation issues at trial

Quick Take

An application to withdraw deemed admissions under UCPR r 189(3) ordinarily requires sworn evidence explaining how and why the admission came to be made, the response the party would belatedly seek to make, and confirmation that the response accords with available evidence. A mere change of solicitors, without sworn explanation, is insufficient. Practice Direction No 10 of 1999 does not excuse a complete failure to respond to a notice to admit facts where the consequence of non-response was clearly stated.