McLawrence v Ashton Coal Operations Pty Limited [2016] NSWDC 355

McLawrence v Ashton Coal Operations Pty Limited [2016] NSWDC 355

Leave was granted as the plaintiff could not make an informed election between statutory benefits and common law remedies until after redundancy and further deterioration of his injury, there was no evidence of actual prejudice to the defendant, and the interests of justice required the time for filing be extended.

Jurisdiction
Australia
Judgment Date
15 December 2016
Procedural Posture
Application for Extension of Time (leave to Commence Proceedings) / Interlocutory Decision Granting Leave to Commence Proceedings Out of Time
Outcome
Leave to commence proceedings for damages granted; costs in the cause; proceedings listed for further directions.
Legal Topics
['extension of Limitation Periods' 'leave to Commence Proceedings' 'common Law Damages for Work Injury' 'serious Injury Threshold']
['workers Compensation' 'tort Law' 'procedural Law'] ['extension of Limitation Periods' 'leave to Commence Proceedings' 'common Law Damages for Work Injury' 'serious Injury Threshold']

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Procedural Posture

Application for Extension of Time (leave to Commence Proceedings) / Interlocutory Decision Granting Leave to Commence Proceedings Out of Time

Legal Issues

  1. 1 ['Whether to grant leave under s 151D(2) Workers Compensation Act 1987 (NSW) to commence proceedings for damages more than three years after injury' 'Adequacy of explanation for delay in commencing proceedings' 'Whether the delay prejudices a fair trial']

Ratio Decidendi

Leave was granted as the plaintiff could not make an informed election between statutory benefits and common law remedies until after redundancy and further deterioration of his injury, there was no evidence of actual prejudice to the defendant, and the interests of justice required the time for filing be extended.

Court Disposition

Leave to commence proceedings for damages granted; costs in the cause; proceedings listed for further directions.

Orders

  • ['Pursuant to s 151D(2) Workers Compensation Act 1987 (NSW) grant leave to the plaintiff to commence proceedings for damages in respect to the injuries he suffered on 24 July 2011, such proceedings to be by way of statement of claim filed in these proceedings on or before 12 January 2017.' 'Costs to be costs in the...