Benton v QBE Workers Compensation (NSW) Limited (ABN 83 564 379 108 004) [2013] NSWDC 107

Benton v QBE Workers Compensation (NSW) Limited (ABN 83 564 379 108 004) [2013] NSWDC 107

The wording of section 151D of the Workers Compensation Act 1987 is clear that the limitation period runs from the date of injury, not from the date of determination of permanent impairment. The court declines to follow Opoku and holds that proceedings were commenced out of time.

Jurisdiction
Australia
Judgment Date
11 July 2013
Procedural Posture
Interlocutory Application / Notice of Motion to Strike Out Limitation Defence
Outcome
Plaintiff's notice of motion dismissed
Legal Topics
['limitation Periods' 'work Injury Damages' 'statutory Interpretation' 'stare Decisis']
['workers Compensation' 'civil Procedure'] ['limitation Periods' 'work Injury Damages' 'statutory Interpretation' 'stare Decisis']

Case Brief

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Procedural Posture

Interlocutory Application / Notice of Motion to Strike Out Limitation Defence

Legal Issues

  1. 1 ['Whether proceedings for work injury damages were commenced within time under section 151D of the Workers Compensation Act 1987' 'Whether the District Court should follow the reasoning in Opoku v P & M Quality Smallgoods Pty Ltd (2012) NSW SC 478 regarding the limitation period']

Ratio Decidendi

The wording of section 151D of the Workers Compensation Act 1987 is clear that the limitation period runs from the date of injury, not from the date of determination of permanent impairment. The court declines to follow Opoku and holds that proceedings were commenced out of time.

Court Disposition

Plaintiff's notice of motion dismissed

Orders

  • ["Plaintiff's amended notice of motion dismissed"]