Where a claim has become stale due to the default of successive solicitors rather than the plaintiff's own inaction, and the plaintiff has been persistent in attempting to advance the claim, the prejudice of losing the cause of action will generally outweigh the inherent prejudice of delay where no actual prejudice is alleged and a fair trial can be had. Completion of compulsory conference procedures under the WorkCover Queensland Act 1996 (Qld) is equivalent to trial readiness and must be taken into account when assessing whether there is good reason to renew a stale claim.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.