Morrish v Pertom Pty Ltd [2001] NSWCC 92

Morrish v Pertom Pty Ltd [2001] NSWCC 92

The out-of-time medical reports were not an issue because the respondent consented to their tender; the asserted abandonment of an economic loss claim was an incorrect view of the law; and pursuing common law rights would elect the applicant out of the lump-sum compensation actually claimed under s 66 and s 67. The proceeding was struck out for want of prosecution.

Jurisdiction
Australia
Judgment Date
23 March 2001
Procedural Posture
Workers Compensation / Application for Adjournment; Foreshadowed Application for Leave to Discontinue If Adjournment Unsuccessful
Outcome
Struck out for want of prosecution.
Legal Topics
['adjournment' 'economic Loss' 'common Law Rights' 'lump Sum Compensation' 'want of Prosecution']
['workers Compensation'] ['adjournment' 'economic Loss' 'common Law Rights' 'lump Sum Compensation' 'want of Prosecution']

Case Brief

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Procedural Posture

Workers Compensation / Application for Adjournment; Foreshadowed Application for Leave to Discontinue If Adjournment Unsuccessful

Legal Issues

  1. 1 ["Whether the applicant's proceedings should be adjourned." "Whether prosecuting the current compensation claim would abandon the applicant's right to claim economic loss." "Whether pursuing common law rights would affect the applicant's claim for lump-sum compensation under s 66 and s 67."]

Ratio Decidendi

The out-of-time medical reports were not an issue because the respondent consented to their tender; the asserted abandonment of an economic loss claim was an incorrect view of the law; and pursuing common law rights would elect the applicant out of the lump-sum compensation actually claimed under s 66 and s 67. The proceeding was struck out for want of prosecution.

Court Disposition

Struck out for want of prosecution.

Orders

  • ['For want of prosecution, struck out.']