Pickering v McArthur (No 2)

In Pickering v McArthur (No 2), the plaintiff sought leave to proceed with legal action against the defendant. The primary dispute involved the defendant's objections to the plaintiff's application for leave to proceed, arguing that the plaintiff had delayed for two years since the last step in the proceeding. The case was heard in the Federal Circuit Court of Australia.

The central legal issues the court needed to address were whether the delay of two years constituted a step in the proceeding and if the delay warranted denial of leave to proceed. The court also considered the quantum of damages potentially available if the plaintiff's action were successful, and whether such a significant amount justified granting leave to proceed despite the delay. Furthermore, the court had to determine if the proceedings should be dismissed due to the lack of prosecution.

The court concluded that the two-year delay indeed constituted a step in the proceeding. It found that such a delay, coupled with the lack of any explanation from the plaintiff, was sufficient to deny leave to proceed. The court also noted the substantial amount of damages potentially at stake, which, while relevant, did not outweigh the delay in proceedings. Consequently, the court dismissed the plaintiff’s application and, on the defendant’s application, dismissed the action for want of prosecution. The court ordered that both the plaintiff's application and the defendant's application for costs be dismissed, with costs awarded to the defendant, including the costs of the application.