STATE RAIL AUTHORITY OF NEW SOUTH WALES v COWAN & ANOR [2003] NSWCA 147

It has not been demonstrated that proceedings against SRA would be futile, and the futility argument was not raised before the Judge; leave to appeal is refused.

Jurisdiction: Australia
Judgment Date: 06 June 2003
Procedural Posture: Application for Leave to Appeal / Leave to Appeal Refused
Outcome: leave to appeal refused
Legal Topics: ['extension of Time' 'futility of Claim' 'threshold of Damages Under S151 H']

['workers Compensation'] ['extension of Time' 'futility of Claim' 'threshold of Damages Under S151 H']

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal Refused

Legal Issues

1 ['Whether common law proceedings against SRA would be futile under s151H of the Workers Compensation Act 1987' 'Extension of time to bring proceedings in common law' 'Appropriateness of calculating damages at this stage' 'Whether the threshold for damages would be reached']

Ratio Decidendi

It has not been demonstrated that proceedings against SRA would be futile, and the futility argument was not raised before the Judge; leave to appeal is refused.

Court Disposition

leave to appeal refused

Orders

['Claimant to pay costs of the application']