DISTRICT COURT OF QUEENSLAND
CITATION:
Meyer & Meyer v Grace Worldwide (Australia) Pty Ltd [2022] QDC 84
PARTIES:
ROLF MEYER & HEIDI MEYER
(Plaintiff)v
GRACE WORLDWIDE (AUSTRALIA) PTY LTD ACN 070 345 845
(Defendant)FILE NO:
4300/15
DIVISION:
Civil
PROCEEDING:
Application
ORIGINATING COURT:
Brisbane District Court
DELIVERED ON:
13 April 2022
DELIVERED AT:
Brisbane
HEARING DATE:
16 December 2021
JUDGE:
Porter QC DCJ
ORDER:
1. Leave to proceed is refused.
2. The proceedings are dismissed.
CATCHWORDS:
CIVIL PRACTICE AND PROCEDURE – CONTINUATION OF PROCEEDING AFTER DELAY - Where the plaintiff applies to the Court for leave to proceed – Where the proceedings were commenced over 8 years before in the Supreme Court – Whether the plaintiffs have a reasonable explanation for the delay – Whether the plaintiffs are responsible for the delays – Whether the plaintiffs have strong prospects of success at trial – Whether the defendant would be prejudiced by the Court granting the plaintiffs leave to proceed – leave to proceed refused.
CIVIL PRACTICE AND PROCEDURE – DISMISSAL OF PROCEEDING FOR WANT OF PROSECUTION – Where the plaintiff has taken a step in the proceeding for more than 2 years - Whether there has been a lengthy delay – proceedings dismissed.
COUNSEL:
C. Harding for the applicant/ plaintiff
M. Steele for the respondent/ defendant
SOLICITORS:
Cantwell Lawyers for the applicant/ plaintiff
Norton White for the respondent/ defendant
Summary
The plaintiffs allege that when goods stored in 1986 and 1991 were delivered up by the defendant (Grace) in January 2011, certain paintings were missing, and another was damaged. The plaintiffs commenced proceedings in the Supreme Court over three years later, in May 2014. The proceedings were transferred to this Court in October 2015. As of December 2021, the plaintiffs had not taken a step in the proceedings for over 4 years. They applied for leave to proceed under Rule 389(2) of the Uniform Civil Procedure Rules 1999 (UCPR). Grace cross applied for the dismissal of the proceedings for want of prosecution. For the reason which follow, leave is refused, and the proceedings are dismissed for want of prosecution.
The issues
The plaintiffs allege that in about April 1986, they entered into a storage contract with Brambles Holdings Ltd or Grace Bros Pty Ltd and then caused, inter alia, four wooden crates of goods to be sent by air from Port Moresby to a storage facility operated by the relevant entity. They allege that in July 1991, they entered into another such contract with Brambles Holdings or Brambles Australia Ltd and then caused three crates and a suitcase to be shipped from Port Moresby to the same storage facility. Together, the stored items are designated “the Goods” in the Amended Statement of Claim (ASOC) and are listed in annexures to the pleading.
They allege they were invoiced monthly by one or more of the contracting entities until August 1995. In August 1995, Grace acquired the storage business of the various entities which operated…
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- Case
- [2022] QDC 84
- Decision Date
CaseChat Overview and Summary
The court examined the circumstances surrounding the delay and found that the plaintiffs had not provided a reasonable explanation for the significant period of inactivity. It was established that the plaintiffs were responsible for the delays, as they had not acted with due diligence in pursuing their case. Furthermore, the court considered the prospects of success at trial, concluding that the plaintiffs did not have a strong case. Additionally, the court found that the defendant would be prejudiced if the plaintiffs were granted leave to proceed, as the delay had led to the loss of evidence and witness testimony.
As a result, the court refused the plaintiffs leave to proceed with their case. The proceedings were ultimately dismissed for want of prosecution, given that more than two years had passed since the plaintiffs had taken any steps in the matter. The court's decision was based on the combination of an unsatisfactory explanation for the delay, the plaintiffs' responsibility for the delays, weak prospects of success, and the prejudice to the defendant.
The final orders of the court were to refuse the plaintiffs leave to proceed and to dismiss the proceedings. This decision underscores the importance of diligent prosecution of legal claims and the consequences that may arise from prolonged inactivity in court proceedings.
Orders
Orders of the court
1. Leave to proceed is refused.
2. The proceedings are dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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