QLD - Case law Flashcards
1
Q
Cape York Airlines Pty Ltd v QBE Insurance (Australia) Ltd[2008] QSC 302 ? (Hint rationale)
A
Requirement for a direct explanation in denials/non-admissions per r 166 UCPR.
Requirements that a party provide a direct explanation fulfills two important functions (the rationale):
1) compels the responding party to expose, at an early stage of the proceeding, its rationale for a joinder of issue on a particular issue.
2) It compels responding party to formulate that rationale and ask “why am I denying that fact?”