Paper Coaters Pty Limited v Jessop [2009] NSWCA 1

Paper Coaters Pty Limited v Jessop [2009] NSWCA 1

Once a valid pre-filing statement has been served and responded to in accordance with the statutory regime, and both parties have acted upon it (including referral to mediation), service of a further pre-filing statement does not affect the defendant's right to defend liability unless there has been clear withdrawal of the initial statement communicated to the defendant. The appellant was entitled to contest liability, and striking out those parts of its defence pursuant to the respondent's notice of motion was an error.

Parties
Appellant: Paper Coaters Pty Limited; Respondent: Anthony Jessop
Jurisdiction
Australia
Judgment Date
30 January 2009
Procedural Posture
Appeal / Judgment on Appeal Against Orders of Judicial Registrar in District Court
Outcome
Appeal allowed
Legal Topics
Work Injury Damages, Pre Filing Statements, Limitation Periods, Procedural Requirements for Court Proceedings, Withdrawal of Pre Filing Statements, Evidentiary Disclosure
Workers Compensation Limitation of Actions Civil Procedure Work Injury Damages Pre Filing Statements Limitation Periods Procedural Requirements for Court Proceedings Withdrawal of Pre Filing Statements +1 more

Case Brief

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Parties

Paper Coaters Pty Limited

Appellant

Anthony Jessop

Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Orders of Judicial Registrar in District Court

Legal Issues

  1. 1 Whether more than one pre-filing statement can be served in respect of the same claim
  2. 2 Whether a pre-filing statement was defective and whether it had been withdrawn
  3. 3 Whether failure to respond to a second pre-filing statement precluded the appellant from contesting liability

Ratio Decidendi

Once a valid pre-filing statement has been served and responded to in accordance with the statutory regime, and both parties have acted upon it (including referral to mediation), service of a further pre-filing statement does not affect the defendant's right to defend liability unless there has been clear withdrawal of the initial statement communicated to the defendant. The appellant was entitled to contest liability, and striking out those parts of its defence pursuant to the respondent's notice of motion was an error.

Court Disposition

Appeal allowed

Orders

  • Grant leave to appeal.
  • Direct that the amended notice of appeal be treated as filed pursuant to leave.