Drake v PKF (Gold Coast) Pty Ltd

The plaintiff, Drake, brought an action against PKF (Gold Coast) Pty Ltd, alleging negligence. The original statement of claim was struck out, and Drake was given six months to re-plead. However, subsequent amended pleadings contained the same defects as the earlier pleadings and were also struck out. The events in question occurred many years ago. The court had to determine whether the new statement of claim should be struck out, whether leave to replead should be given, and whether there were exceptional circumstances to dismiss the proceeding.

The court had to consider the factors set out in the case law regarding the striking out of pleadings and whether there were exceptional circumstances warranting dismissal. The court noted that the plaintiff had been given multiple opportunities to amend the pleadings and that the relevant events occurred many years ago. Despite these factors, the court found that the plaintiff had not taken the necessary steps to ensure that the pleadings were sufficient. The court held that the plaintiff's repeated failure to rectify the defects in the pleadings constituted a want of prosecution and lack of progress in the proceeding.

The statement of claim filed by Drake on 26 July 2022 was struck out pursuant to rule 171 of the UCPR. However, Drake was granted leave to file an amended statement of claim. The court noted that the plaintiff had been given multiple opportunities to amend the pleadings and that the relevant events occurred many years ago. Despite these factors, the court found that the plaintiff had not taken the necessary steps to ensure that the pleadings were sufficient. The court held that the plaintiff's repeated failure to rectify the defects in the pleadings constituted a want of prosecution and lack of progress in the proceeding.