An application to withdraw an admission made after trial has commenced will be assessed by weighing all relevant circumstances, with the ultimate question being the attainment of justice. The weight to be given to any particular circumstance, including irreversible prejudice to the applicant, is a matter for the trial judge's discretion. An appellate court will not intervene absent error of principle. The English approach in H Clark (Doncaster) Ltd v Wilkinson, which would permit withdrawal unless the other party is prejudiced in a way not curable by costs, does not represent the law in Australia.
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