Bli Bli #1 Pty Ltd v Kimlin Investments Pty Ltd

Bli Bli #1 Pty Ltd sought to enforce a set of options for land against Kimlin Investments Pty Ltd. The dispute involved the grant of options to joint venturers and the assignment of an interest in each option to the plaintiffs. The defendants sought to withdraw admissions made in their amended defence and to raise new defences relating to the description of the joint venture land and the dilution of the trustee's interest in the joint venture. The plaintiffs applied to strike out the corresponding amendments made to the amended defence without leave. The court had to determine whether the defendants should be granted leave to withdraw admissions and to raise new defences in their pleadings, and whether the defendants were estopped from mounting new allegations in their pleadings.

The court considered the defendants' admissions and the subsequent amendments to their pleadings. The court noted that the defendants had admitted the existence of a joint venture but later sought to withdraw those admissions and raise new defences. The court also considered the plaintiffs' application to strike out the amendments to the amended defence. The court held that the defendants ought to be granted leave to withdraw admissions and to replead in the form contained in the amended defence. The court also held that the defendants were not estopped from mounting new allegations in their pleadings as the matter had not yet been set down for trial.

The court dismissed the plaintiffs’ application and made an order pursuant to Rule 188 of the Uniform Civil Procedure Rules 1999 (Qld) that the defendants have leave to withdraw any admission of the allegations in the plaintiffs’ fourth amended statement of claim and to replead in the form contained in the amended defence to the fourth amended statement of claim. The court also made an order that the defendants have leave to withdraw the admission at paragraph 14(aa) of the amended defence and to replead in the form contained in the amended defence to the fourth amended statement of claim.