A party seeking leave to withdraw a deemed admission under UCPR r 17.3(3) must provide a sensible explanation for the failure to respond to the Notice to Admit Facts. The submission that prejudice to the party with the benefit of the admission can never arise because the inevitable consequence of withdrawal is that the matter must be proved should be rejected; prejudice is assessed by reference to all the circumstances. Leave to appeal from a discretionary refusal to permit withdrawal of a deemed admission will rarely be granted absent House v The King error, an issue of principle, or significant injustice that is reasonably clear.
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