Chand v Prix Car Services Pty Ltd [2013] NSWDC 149

Chand v Prix Car Services Pty Ltd [2013] NSWDC 149

The delay in commencing proceedings was satisfactorily explained and there was no evidence of actual prejudice to the defendant; the plaintiff, being blameless, should be granted leave to proceed with his claim out of time, as it is fair and just in the circumstances.

Parties
Plaintiff: Michael Chand; Defendant: Prix Car Services Pty Ltd
Jurisdiction
Australia
Judgment Date
23 August 2013
Procedural Posture
Interlocutory Application / Application for Leave to Proceed Out of Time
Outcome
Leave granted to plaintiff to proceed with claim out of time; defendant to pay plaintiff's costs.
Legal Topics
Leave to Proceed Out of Time, Presumptive Prejudice, Delay in Commencing Proceedings, Workplace Injury Claims
Limitation of Actions Workers Compensation Civil Procedure Leave to Proceed Out of Time Presumptive Prejudice Delay in Commencing Proceedings Workplace Injury Claims

Case Brief

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Parties

Michael Chand

Plaintiff

Prix Car Services Pty Ltd

Defendant

Procedural Posture

Interlocutory Application / Application for Leave to Proceed Out of Time

Legal Issues

  1. 1 Whether the plaintiff's delay in commencing proceedings was satisfactorily explained
  2. 2 Whether presumptive prejudice contraindicates granting leave in this case

Ratio Decidendi

The delay in commencing proceedings was satisfactorily explained and there was no evidence of actual prejudice to the defendant; the plaintiff, being blameless, should be granted leave to proceed with his claim out of time, as it is fair and just in the circumstances.

Court Disposition

Leave granted to plaintiff to proceed with claim out of time; defendant to pay plaintiff's costs.

Orders

  • Leave granted to file statement of claim (s 151D Workers Compensation Act 1987) arising from workplace injury on 6 May 2008.
  • Defendant to pay plaintiff's costs of the summons on the ordinary basis unless otherwise ordered.