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?”

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