Vearing v Great Southern Energy [2000] NSWSC 773

Vearing v Great Southern Energy [2000] NSWSC 773

Leave should be granted to revoke the election, as at the time of the original election a reasonable person would not have expected further material deterioration more probable than not; the plaintiff satisfied all statutory criteria. Leave should also be granted to commence proceedings out of time as justice is best served, with no significant prejudice to the defendant demonstrated.

Jurisdiction
Australia
Judgment Date
04 August 2000
Procedural Posture
Application for Leave / Interlocutory Decision on Leave to Revoke Election and Extension of Time
Outcome
Leave granted to revoke election and to commence proceedings for damages; costs in the cause.
Legal Topics
['revocation of Election' 'extension of Time' 'injury at Work' 'permanent Impairment']
['workers Compensation' 'personal Injury'] ['revocation of Election' 'extension of Time' 'injury at Work' 'permanent Impairment']

Case Brief

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Procedural Posture

Application for Leave / Interlocutory Decision on Leave to Revoke Election and Extension of Time

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to revoke an election to claim permanent loss compensation under s 151A(5) of the Workers Compensation Act 1987' 'Whether the plaintiff should be granted leave to commence proceedings for damages out of time under s 151D(2) of the Workers Compensation Act 1987']

Ratio Decidendi

Leave should be granted to revoke the election, as at the time of the original election a reasonable person would not have expected further material deterioration more probable than not; the plaintiff satisfied all statutory criteria. Leave should also be granted to commence proceedings out of time as justice is best served, with no significant prejudice to the defendant demonstrated.

Court Disposition

Leave granted to revoke election and to commence proceedings for damages; costs in the cause.

Orders

  • ['Leave granted to revoke the election made on about 15 October 1997.' 'Leave granted to commence proceedings for damages for injuries suffered in work accidents on 13 March 1996, 18 November 1996, and February 1998 pursuant to s 151D of the Workers Compensation Act 1987.' 'Plaintiff to file and serve a statement of...