QLD Civil Procedure practice question and answer already verified

Jones v National Coal Board - Traditional Role of Judges I 1. Per Denning LJ, the judge sits to hear and determine the issues raised by the parties, not to conduct an investigation on behalf of society at large. 2. If a judge should himself conduct the examination of witnesses, he 'descends into the arena, and is liable to have his vision clouded by the dust of conflict'. Ridolfi v Rigato Farms Defendant fails to answer a notice to admit facts, implying admission. Defendant sought withdrawal of admission. - Case Management Philosophy I 1. Per de Jersey CJ, 'parties do not have an inalienable right to a hearing on all issues on the merits'. Rule 5 of the Qld UCPR states an overriding philosophy, imposing an obligation to proceed expeditiously or risk sanctions, which may include dismissal. E I Du Pont De Nemours & Co v Commissioner of Patents - Case Management Philosophy II 1. Public Funding Judicial Obligation for Expedience argument raised. Nowlan v Marson Transport NSW - Case Management Philosophy III 1. Per Heydon JA, obfuscation and forensic tactics aimed merely at confusing the opposite party are impermissible - there is no room for the ambush theory of litigation. GSA Industries v NT Gas - Case Management Philosophy IV 1. Per Kirby P, despite the rules imposing on judges a duty of efficiency, the rules are to serve the interests of justice. They do not commit the court to such inflexibility as would prevent the achievement of justice according to the special needs of individual cases. Queensland v JL Holdings