Murdock v Lipman Pty Ltd (No 2) [2013] NSWSC 11

Murdock v Lipman Pty Ltd (No 2) [2013] NSWSC 11

Gallagher Bassett's loss, owing to the passage of time, of the opportunity to claim indemnity under s 151Z(1)(d) for compensation payments made more than six years earlier did not amount to prejudice occasioned by the grant of leave to commence proceedings for damages against the employer out of time. The employer had an independent statutory remedy and had detailed information from the WorkCover investigation about the potential liability of others within time. It was therefore fair and just to grant leave under s 151D of the Workers Compensation Act 1987.

Jurisdiction
Australia
Judgment Date
25 January 2013
Procedural Posture
Workers Compensation Application for Leave to Commence Proceedings for Damages Out of Time / Interlocutory Application on Written Submissions
Outcome
Application for leave under s 151D(2) of the Workers Compensation Act 1987 to commence proceedings against the insurer standing in the shoes of the deregistered employer granted.
Legal Topics
['leave to Commence Proceedings Against Employer for Damages Out of Time' 'insurer Standing in the Shoes of Deregistered Employer' 'contribution Between Tortfeasors' 'indemnity for Workers Compensation Payments' 'prejudice From Statute Barred Claims']
['workers Compensation' 'limitation of Actions' 'tort Law'] ['leave to Commence Proceedings Against Employer for Damages Out of Time' 'insurer Standing in the Shoes of Deregistered Employer' 'contribution Between Tortfeasors' 'indemnity for Workers Compensation Payments' 'prejudice From Statute Barred Claims']

Case Brief

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Procedural Posture

Workers Compensation Application for Leave to Commence Proceedings for Damages Out of Time / Interlocutory Application on Written Submissions

Legal Issues

  1. 1 ['Whether it was fair and just to grant leave under s 151D(2) of the Workers Compensation Act 1987 to commence proceedings against Gallagher Bassett Services New South Wales Pty Ltd as insurer of the deregistered employer out of time.' 'Whether Gallagher Bassett would suffer prejudice because any cross-claim for contribution under s 5 of the Law Reform (Miscellaneous Provisions) Act 1946 would be statute-barred.' 'Whether loss of any entitlement to claim indemnity under s 151Z(1)(d) of the Workers Compensation Act 1987 for compensation payments made more than six years earlier was prejudice occasioned by the grant of leave.']

Ratio Decidendi

Gallagher Bassett's loss, owing to the passage of time, of the opportunity to claim indemnity under s 151Z(1)(d) for compensation payments made more than six years earlier did not amount to prejudice occasioned by the grant of leave to commence proceedings for damages against the employer out of time. The employer had an independent statutory remedy and had detailed information from the WorkCover investigation about the potential liability of others within time. It was therefore fair and just to grant leave under s 151D of the Workers Compensation Act 1987.

Court Disposition

Application for leave under s 151D(2) of the Workers Compensation Act 1987 to commence proceedings against the insurer standing in the shoes of the deregistered employer granted.

Orders

  • ["That Deno's Hire Pty Limited be joined as third defendant in the proceedings." "That Gallagher Bassett Services NSW Pty Limited be substituted for Deno's Hire Pty Limited as third defendant in the proceedings." 'That the plaintiff have leave under s 151D of the Workers Compensation Act 1987 to commence the...