McCormick v Mt Pleasant Stud Farm Pty Ltd [2021] NSWDC 415

McCormick v Mt Pleasant Stud Farm Pty Ltd [2021] NSWDC 415

The explanation for delay was reasonable and cogent, there was little actual prejudice to the respondent, and the applicant raised arguable issues such that a fair trial was available; therefore, leave to proceed out of time was appropriate.

Jurisdiction
Australia
Judgment Date
19 August 2021
Procedural Posture
Work Injury Damages Claim / Application for Leave to Commence Claim Out of Time
Outcome
leave granted to commence proceedings out of time
Legal Topics
['work Accident' 'time Limitation' 'work Injury Damages' 'leave to Proceed Out of Time']
['employment Law' 'personal Injury Law'] ['work Accident' 'time Limitation' 'work Injury Damages' 'leave to Proceed Out of Time']

Case Brief

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Procedural Posture

Work Injury Damages Claim / Application for Leave to Commence Claim Out of Time

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to bring proceedings out of time under s 151D(2) of the Workers Compensation Act 1987' 'Whether the explanation for the delay is satisfactory' 'Whether the respondent would suffer significant prejudice' "Whether the applicant's claim is reasonably arguable"]

Ratio Decidendi

The explanation for delay was reasonable and cogent, there was little actual prejudice to the respondent, and the applicant raised arguable issues such that a fair trial was available; therefore, leave to proceed out of time was appropriate.

Court Disposition

leave granted to commence proceedings out of time

Orders

  • ['The applicant is granted leave pursuant to s 151D(2) of the Workers Compensation Act 1987 to commence proceedings more than three years after the date of injury.' 'The time for filing of the statement of claim is extended to 18 January 2021.' 'Costs are reserved.']