Kislyakova v Pointon

In the matter of Kislyakova v Pointon, the applicants, Kislyakova and another, sought leave to withdraw certain admissions they had made in a defence they had jointly filed in ongoing litigation. They alleged that the admissions were made incorrectly due to a misunderstanding by Kislyakova, whose first language was not English. The court was tasked with deciding whether to grant the applicants leave to withdraw the admissions under rule 188 of the Uniform Civil Procedure Rules 1999 (Qld), and if so, under what conditions.

The court considered whether the prejudice to the respondent could be remedied by an order for costs, and whether the applicants had a valid basis for their request. It assessed the applicants’ claim that the admissions were made due to a misunderstanding and the potential impact of their withdrawal on the proceedings. The court balanced the applicants' right to amend their pleadings against the potential prejudice to the respondent.

The court concluded that the applicants had demonstrated sufficient grounds for their request to withdraw the admissions. It found that the prejudice to the respondent could be remedied by an order for costs and granted the applicants leave to withdraw the specified admissions. The court also ordered the applicants to pay the respondent’s costs associated with the application and the costs incurred due to the withdrawal of the admissions.

The final orders included granting the applicants leave to withdraw certain admissions from their defence, directing them to pay the respondent's costs of and incidental to the application, and requiring them to cover the costs thrown away by the withdrawal of the admissions.