An application for a grant of leave where the applicant plaintiff had not taken steps to progress the proceeding for almost four years. The action in question arose out of the applicant’s employment as head coach of the Brisbane Roar football team; a position which he held from December 2012, until his contract was terminated in November 2014. Although a claim and statement of claim was filed in late 2015, as well as a defence, no further steps had been taken at the time the application for leave was heard.
His Honour Judge Reid considered the non-exhaustive list of factors in Tyler v Custom Credit Corporation Limited 2000 QCA 178. His Honour concluded the reason for the applicant’s failure to progress the matter was ignorance of the requirement that he should do so and allowed the application.
Rob Anderson QC appeared for the applicant, instructed by McBride Legal.
Sean Russell appeared for the respondent, instructed by Mills Oakley.
A copy of the judgment is available here.