Poletan v Nu Line Building Group Pty Ltd [2015] NSWDC 437

Poletan v Nu Line Building Group Pty Ltd [2015] NSWDC 437

Leave should be granted under s 151D of the Workers Compensation Act 1987 as the delay was explained, early notice was given, the defendant suffered no actual prejudice, and a fair trial is not unlikely.

Parties
Plaintiff: Borislav Poletan; Defendant: Nu Line Building Group Pty Ltd
Jurisdiction
Australia
Judgment Date
09 October 2015
Procedural Posture
Application for Extension of Time / Interlocutory Decision on Notice of Motion
Outcome
leave granted for out-of-time proceedings; costs in the cause
Legal Topics
Extension of Time, Limitation Period, Adjournment of Proceedings
Civil Procedure Extension of Time Limitation Period Adjournment of Proceedings

Case Brief

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Parties

Borislav Poletan

Plaintiff

Nu Line Building Group Pty Ltd

Defendant

Procedural Posture

Application for Extension of Time / Interlocutory Decision on Notice of Motion

Legal Issues

  1. 1 whether leave should be granted to commence proceedings outside limitation period under s 151D of the Workers Compensation Act 1987
  2. 2 whether there is significant prejudice to the defendant such as to make a fair trial unlikely
  3. 3 whether the application for adjournment should be granted

Ratio Decidendi

Leave should be granted under s 151D of the Workers Compensation Act 1987 as the delay was explained, early notice was given, the defendant suffered no actual prejudice, and a fair trial is not unlikely.

Court Disposition

leave granted for out-of-time proceedings; costs in the cause

Orders

  • The plaintiff be granted leave under s 151D of the Workers Compensation Act 1987 nunc pro tunc to commence proceedings by filing the statement of claim on 20 March 2015.
  • The costs of and incidental to the notice of motion be costs in the cause.