Sweeney v Ashton Coal Operations Pty Limited [2017] NSWDC 58

Sweeney v Ashton Coal Operations Pty Limited [2017] NSWDC 58

Leave under s 151D should be granted because the delay was brief and explained as solicitor oversight, the defendant is not prejudiced, and the defendant does not oppose the application.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 March 2017
Procedural Posture
Civil / Application for Leave to File Proceedings Out of Time
Outcome
Leave granted to file a statement of claim for damages; plaintiff's solicitor to pay defendant's costs of the notice of motion; directions for further conduct of proceedings set.
Legal Topics
['leave to Commence Proceedings After Limitation Period' 'adequacy of Explanation for Delay' 'extension of Time']
['workers Compensation'] ['leave to Commence Proceedings After Limitation Period' 'adequacy of Explanation for Delay' 'extension of Time']

Source-derived case record

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Procedural Posture

Civil / Application for Leave to File Proceedings Out of Time

Legal Issues

  1. 1 ['Whether leave should be granted under s 151D of the Workers Compensation Act 1987 (NSW) to commence proceedings more than three years after the injury' 'Whether the explanation for delay is adequate']

Ratio Decidendi

Leave under s 151D should be granted because the delay was brief and explained as solicitor oversight, the defendant is not prejudiced, and the defendant does not oppose the application.

Court Disposition

Leave granted to file a statement of claim for damages; plaintiff's solicitor to pay defendant's costs of the notice of motion; directions for further conduct of proceedings set.

Orders

  • ['Pursuant to s 151D Workers Compensation Act 1987 (NSW), grant leave to file a statement of claim for damages in relation to the injuries suffered by the plaintiff on 24 August 2013.' "The plaintiff's solicitor to pay the defendant's costs of the notice of motion." 'Statement of Claim to be filed in 28 days.'...