Milanko v Watpac Pty Ltd [2021] NSWSC 452

Milanko v Watpac Pty Ltd [2021] NSWSC 452

The Court was satisfied that Mr Milanko diligently pursued his claim, provided a satisfactory explanation for the delay, placed the insurer on notice, and that there was no prejudice to the Nominal Insurer. Therefore, the discretion to grant leave nunc pro tunc was appropriately exercised in his favour.

Jurisdiction
Australia
Judgment Date
30 April 2021
Procedural Posture
Workers Compensation/limitation Extension / Motion for Leave to Commence Proceedings Out of Time
Outcome
Leave granted to commence proceedings against the Nominal Insurer nunc pro tunc; costs of the motion to be costs in the cause.
Legal Topics
['limitation Periods' 'leave to Commence Proceedings' "employer's Duty of Care" 'nominal Insurer Liability']
['workers Compensation' 'personal Injury' 'civil Procedure'] ['limitation Periods' 'leave to Commence Proceedings' "employer's Duty of Care" 'nominal Insurer Liability']

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Procedural Posture

Workers Compensation/limitation Extension / Motion for Leave to Commence Proceedings Out of Time

Legal Issues

  1. 1 ['Whether leave should be granted to commence proceedings against the Nominal Insurer outside the s 151D limitation period under the Workers Compensation Act 1987 (NSW)' "Whether the plaintiff acted diligently and explained the delay sufficiently to justify exercise of the court's discretion to extend time"]

Ratio Decidendi

The Court was satisfied that Mr Milanko diligently pursued his claim, provided a satisfactory explanation for the delay, placed the insurer on notice, and that there was no prejudice to the Nominal Insurer. Therefore, the discretion to grant leave nunc pro tunc was appropriately exercised in his favour.

Court Disposition

Leave granted to commence proceedings against the Nominal Insurer nunc pro tunc; costs of the motion to be costs in the cause.

Orders

  • ['Mr Milanko is granted leave to commence these proceedings against the Nominal Insurer nunc pro tunc.' 'Costs of the motion be costs in the cause.']