Sutton v Erect Safe Scaffolding (Aust) Pty Ltd & Anor

[2006] NSWCA 265

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs thrown away by adjournment
4. › Whether costs order against plaintiff appropriate where defendant's non-admission in defence put plaintiff on notice of need to prove allegations
5. › Duty of parties to prepare case in light of pleadings
1. Practice and Procedure
2. › Pleadings
3. › Non-admission of allegations
4. › Effect of non-admission
5. › Whether non-admission sufficiently puts opposing party on notice of need to prove facts alleged
1. Practice and Procedure
2. › Conduct of litigation
3. › Obligations of parties
4. › Whether failure to positively disclose defence case before trial constitutes want of frankness
5. › Spirit of litigation

Quick Take

A non-admission in a defence sufficiently puts the opposing party on notice of the need to prove the facts alleged at trial. A party who is surprised at trial by evidence supporting a non-admitted allegation cannot shift the costs consequences of an adjournment to the opposing party where interlocutory steps such as discovery, interrogatories, or notices to admit facts were available but not taken.