The I.M.B. Group P/L (in liq) & Ors v ACCC

[2006] QCA 407

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Service of originating process
3. › Renewal of claim
4. › Good reason to renew
5. › Deliberate failure to serve
6. › Whether impecuniosity, awareness by defendant, public interest, or strength of claim constituted good reason
7. › Uniform Civil Procedure Rules 1999 (Qld), rr 5, 24
1. Practice and Procedure
2. › Service of originating process
3. › Renewal of claim
4. › Appellate review of discretionary decision to set aside renewal
5. › Whether primary judge erred in balancing relevant considerations

Quick Take

A plaintiff who deliberately chooses not to serve a claim, rather than being unable to do so, will rarely establish 'good reason' for renewal under r 24(2) UCPR, particularly where r 5(3) imposes an implied undertaking to proceed expeditiously. The loss of an apparently worthwhile action alone is insufficient to constitute good reason where the limitation period has expired. Impecuniosity will not excuse delay where the step of service itself is inexpensive and the delay is attributable to the plaintiff's own pace of litigation.