The respondent (plaintiff) commenced proceedings against the applicant (defendant) for entitlement to certain benefits under life insurance policies issued by the applicant. The applicant filed an application to withdraw deemed admissions contained in its defence. The respondent opposed the applicant having leave to withdraw some, but not all, of the deemed admissions.
The question for the court was whether leave should be granted in relation to the 11 unresolved deemed admissions pursuant to r 188 of the Uniform Civil Procedure Rules 1999 (Qld). The Court gave the applicant leave to withdraw the contentious admissions but required it to pay the respondent’s costs as it was seeking an indulgence.
Michael May appeared for the respondent, instructed by Cooper Grace Ward.
The judgment is published here.