Drabsch v The Public Trustee of Queensland

Drabsch brought a proceeding against the Public Trustee of Queensland, claiming that the trustee had breached its fiduciary duties by failing to properly manage the estate of his deceased mother. The proceeding had been inactive for three years, with no steps taken by the plaintiff. The Public Trustee applied to have the proceeding dismissed for want of prosecution. The legal issues the court was required to decide included whether the proceeding should be dismissed for want of prosecution and, if not, whether the plaintiff should be granted leave to proceed. The court considered the length of the delay and the reasons for it, as well as the prospects of the proceeding being determined on its merits. The court held that the proceeding should not be dismissed for want of prosecution, but that the plaintiff should be granted leave to proceed, subject to certain conditions. The court also ordered the plaintiff to pay certain outstanding charges in relation to a property, and referred the proceeding to the Supervised Case List.