Grech v Bando Contracting Pty Ltd [2014] NSWDC 257

Grech v Bando Contracting Pty Ltd [2014] NSWDC 257

Although the delay was significant and deprecated, the plaintiff had not abandoned his common law claim, his explanations for the initial delay and later reliance on solicitors were accepted, and the defendant had not shown substantial prejudice such that a fair trial could not take place. The justice of the case was best served by granting an extension of time under s151D(1) of the Workers' Compensation Act 1987.

Jurisdiction
Australia
Judgment Date
10 November 2014
Procedural Posture
Civil Interlocutory Application for Extension of Time in Personal Injury/work Injury Damages Proceedings / Notice of Motion Filed 30 May 2014 Seeking to Maintain Proceedings Pursuant to S151 D of the Workers' Compensation Act 1987
Outcome
Application granted.
Legal Topics
['extension of Time' 'work Injury Damages' 'delay' 'prejudice to Defendant' 'solicitor Delay']
['workers Compensation' 'personal Injury' 'civil Procedure' 'limitation of Actions'] ['extension of Time' 'work Injury Damages' 'delay' 'prejudice to Defendant' 'solicitor Delay']

Case Brief

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Procedural Posture

Civil Interlocutory Application for Extension of Time in Personal Injury/work Injury Damages Proceedings / Notice of Motion Filed 30 May 2014 Seeking to Maintain Proceedings Pursuant to S151 D of the Workers' Compensation Act 1987

Legal Issues

  1. 1 ["Whether the plaintiff should be granted an extension of time under s151D(1) of the Workers' Compensation Act 1987 to bring proceedings in respect of the pleaded cause of action." 'Whether the delay in commencing the common law/work injury damages claim caused significant prejudice to the defendant such that a fair trial would be unlikely.' "Whether the plaintiff's explanation for delay, including reliance on solicitors and reluctance to sue his brother, justified granting leave despite substantial delay."]

Ratio Decidendi

Although the delay was significant and deprecated, the plaintiff had not abandoned his common law claim, his explanations for the initial delay and later reliance on solicitors were accepted, and the defendant had not shown substantial prejudice such that a fair trial could not take place. The justice of the case was best served by granting an extension of time under s151D(1) of the Workers' Compensation Act 1987.

Court Disposition

Application granted.

Orders

  • ["Pursuant to s151D(1) of the Workers' Compensation Act 1987, an extension of time was ordered for the bringing of the proceedings in respect of the cause of action pleaded in matter number 2014/58355." 'The Court will hear the parties as to costs.']