Gardner v Roche Highwall Mining [2001] NSWSC 1148

Gardner v Roche Highwall Mining [2001] NSWSC 1148

Having regard to all the circumstances, including the medical evidence and absence of significant prejudice, the explanation for delay, while deficient, was just sufficient, and leave was granted under s 151D(2).

Jurisdiction
Australia
Judgment Date
13 December 2001
Procedural Posture
Application for Leave to Commence Proceedings / Preliminary, Application for Leave Under S 151 D(2) Workers Compensation Act 1987
Outcome
Leave granted to commence proceedings.
Legal Topics
['leave to Commence Proceedings' 'delay in Commencing Proceeding' 'explanation for Delay']
['limitation Law' 'workers Compensation'] ['leave to Commence Proceedings' 'delay in Commencing Proceeding' 'explanation for Delay']

Case Brief

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Procedural Posture

Application for Leave to Commence Proceedings / Preliminary, Application for Leave Under S 151 D(2) Workers Compensation Act 1987

Legal Issues

  1. 1 ['Whether leave should be granted to commence proceedings out of time under s 151D(2) of the Workers Compensation Act 1987' 'Whether the explanation for delay was sufficient']

Ratio Decidendi

Having regard to all the circumstances, including the medical evidence and absence of significant prejudice, the explanation for delay, while deficient, was just sufficient, and leave was granted under s 151D(2).

Court Disposition

Leave granted to commence proceedings.

Orders

  • ['Leave granted pursuant to s 151D(2) Workers Compensation Act 1987.' 'Plaintiff may file a Statement of Claim on or before 2 January 2002.' 'Costs of the application are to be costs in the cause.' 'Exhibit may be returned.']