Radulovic v Multiweld Engineering Pty Ltd [1999] NSWSC 970

Radulovic v Multiweld Engineering Pty Ltd [1999] NSWSC 970

The further material deterioration suffered by the plaintiff (caudia equina syndrome, loss of sexual and bladder function) was a direct consequence of the workplace injury, not the surgery. As at February 1996, a reasonable person would not have had reasonable cause to believe this deterioration would probably occur; thus, s 151A(5)(c) is satisfied. The evidence established that the plaintiff has a real case to advance, and there is no significant prejudice to the defendant from the delay. It is just and reasonable to grant leave to commence proceedings out of time.

Parties
Plaintiff: Jay Anderson; Defendant: Multiweld Engineering Pty Limited
Jurisdiction
Australia
Judgment Date
24 September 1999
Procedural Posture
Personal Injury/workers Compensation / Interlocutory Application for Leave to Revoke Election and Leave to Commence Proceedings Out of Time
Outcome
Orders granted in favour of plaintiff
Legal Topics
Revocation of Election Under Workers Compensation Act, Extension of Time to Commence Proceedings, Material Deterioration of Injury, Requirements Under S 151 a and S 151 D Workers Compensation Act
Workers Compensation Personal Injury Limitation of Actions Revocation of Election Under Workers Compensation Act Extension of Time to Commence Proceedings Material Deterioration of Injury Requirements Under S 151 a and S 151 D Workers Compensation Act

Case Brief

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Parties

Jay Anderson

Plaintiff

Multiweld Engineering Pty Limited

Defendant

Procedural Posture

Personal Injury/workers Compensation / Interlocutory Application for Leave to Revoke Election and Leave to Commence Proceedings Out of Time

Legal Issues

  1. 1 Whether the plaintiff should be permitted to revoke his election to accept lump sum compensation under s 151A(5) of the Workers Compensation Act 1987
  2. 2 Whether leave should be granted to commence common law proceedings for damages out of time under s 151D(2) of the Workers Compensation Act 1987

Ratio Decidendi

The further material deterioration suffered by the plaintiff (caudia equina syndrome, loss of sexual and bladder function) was a direct consequence of the workplace injury, not the surgery. As at February 1996, a reasonable person would not have had reasonable cause to believe this deterioration would probably occur; thus, s 151A(5)(c) is satisfied. The evidence established that the plaintiff has a real case to advance, and there is no significant prejudice to the defendant from the delay. It is just and reasonable to grant leave to commence proceedings out of time.

Court Disposition

Orders granted in favour of plaintiff

Orders

  • Leave is granted to revoke the election made in February 1996.
  • Leave is granted to the plaintiff to commence proceedings for damages in respect of an accident which occurred on 13 January 1995 within 14 days.