Embleton Motor Co Pty Ltd v St Kilda Beach Taxi School and Staffing Pty Ltd

[2014] WASCA 183

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Lease
3. › Term of lease
4. › Whether lease for indefinite or fixed term
5. › Competing oral evidence
6. › Assessment of inherent probability
7. › Whether finding against weight of evidence
1. Appeal
2. › Appeal on questions of fact
3. › Appellate review of findings of fact
4. › Proper inference from established facts
5. › Whether primary judge's finding reasonably open
6. › [name withheld] v [name withheld] principle
1. Practice and Procedure
2. › Default judgment
3. › Deemed admissions
4. › Whether deemed admissions in default judgment in one proceeding binding in separate proceedings
5. › Rules of the Supreme Court 1971 (WA), O 20 r 14(1)
1. Agency
2. › Actual authority
3. › Whether agent appointed by principal
4. › Inference of agency from circumstances

Quick Take

A deemed admission arising from a default judgment under O 20 r 14(1) of the Rules of the Supreme Court 1971 (WA) is an admission only as between the parties to, and for the purposes of, the action in which the pleading was filed; it is not an admission at large for other proceedings. The availability and scope of an account of profits for the tort of detinue, including the degree of knowledge required, remains an open question not decided in this case.