Civil procedure: admissions & summary judgment

OSM Group Pty Ltd v Holden [2013] QDC 151

 

JUDGE: Durward SC DCJ
ORDERS:
  1. Application refused

 

  1. The defendant is to file and serve an Amended Defence within 14 days of the date of delivery of this judgment.

 

  1. Costs of and incidental to the application are reserved.
CATCHWORDS: PROCEDURE – DISTRICT COURTS – CIVIL – JURISDICTION – PRACTICE – PROCEDURE BEFORE TRIAL – COMMENCEMENT OF ACTION ANDPLEADINGS – application for judgment on admissions – application for summary judgment – Uniform Civil Procedure Rules 1999 (Qld) – r190 – r292 – r166 – pleadings – denials and non admissions  – requirement for direct explanation – requirement to plead  – where allegations of mixed fact and law – where material facts pleaded as particulars –  whether defence is substantially responsive – application refused.

 

 

David Cormack – Brisbane Barrister.

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