Claim dismissed for want of prosecution

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Crown Law was successful in
having a claim against the State of Queensland dismissed for want of
prosecution.

The plaintiff made an
application to the Court to be granted leave to proceed in his Claim after a
period of inactivity of four years and eight months. The plaintiff also filed
amended pleadings without obtaining leave of the Court.

The State applied to have the
original Claim and Statement of Claim dismissed for want of prosecution and the
amended Claim and Statement of Claim struck out.

The Court considered the factors
detailed in Tyler v. Custom Credit Corporation & Ors [2000] QCA 178
 in making its determination. The Court accepted the State’s submissions
that there had been lengthy and unjustifiable delay on the part of the
plaintiff. The original Claim and Statement of Claim were dismissed for want of
prosecution, the amended pleadings were struck out and the plaintiff was
ordered to pay the defendant’s costs of and incidental to the Application and
the proceedings.