The Court refused leave to withdraw an admission of employment on the eve of trial where the defendant had access to documents raising the employment identity issue since October 2024 and March 2025 but did not appreciate their significance until February 2026, and where withdrawal would cause up to two years' delay including the NSW pre-litigation process. The Court held that the prejudice of substantial delay to the plaintiff, who had relied on the admission for over five years, outweighed the defendant's interest in litigating the true employer, particularly where the information was always within the defendant's knowledge. However, the Court granted leave to file a third party notice against the related company (Bozzi Produce) seeking contribution, as this would cause significantly less delay and allow the employment question to be ventilated without stripping the plaintiff of his Victorian law entitlements.
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