Smith v Arabesque Pty Ltd

The plaintiff, Smith, brought a claim against Arabesque Pty Ltd, which involved issues of land title. The plaintiff sought to enforce an express undertaking by the defendant to retain a fund representing a 5% interest in the land. The case was heard in the Supreme Court of Queensland. The primary legal issue was whether the court should strike out the plaintiff's claim due to the plaintiff's inordinate delay in prosecuting the claim. The court also needed to determine whether the plaintiff should be granted leave to lodge a second caveat, which would replace the defendant's specific undertaking.

The court held that the plaintiff's inordinate delay did not justify striking out the claim because there was no order to take a specific step that had been breached. The court noted that the plaintiff had not been ordered to take a specific step within a particular time frame. Instead, the court had given the plaintiff leave to lodge a caveat as an alternative to the defendant's specific undertaking. The court held that the circumstances did not justify striking out the claim, as the delay was not so inordinate as to warrant such a sanction. The court also held that the plaintiff was refused leave to lodge a second caveat as it would have replaced the defendant's specific undertaking, which was no longer operative. The court held that the plaintiff had not shown any exceptional circumstances that would warrant the lodgement of a second caveat.

The court dismissed the applications brought by the plaintiff. The court held that the plaintiff's inordinate delay did not justify striking out the claim and that the plaintiff was refused leave to lodge a second caveat. The court held that the circumstances did not warrant the lodgement of a second caveat, as the defendant's specific undertaking was no longer operative. The court held that the plaintiff had not shown any exceptional circumstances that would warrant the lodgement of a second caveat. The applications brought by the plaintiff were dismissed.