McMartin v Hurlcon Manufacturing & Sales Pty Limited [2014] NSWSC 1812

McMartin v Hurlcon Manufacturing & Sales Pty Limited [2014] NSWSC 1812

Leave was granted because there was no opposition from the employer, no prejudice or difficulty from the grant of leave was raised, and the circumstances, including the steps taken by the plaintiff, demonstrated that justice required leave be granted.

Parties
Plaintiff: Robert Francis McMartin; First Defendant: Hurlcon Manufacturing & Sales Pty Limited ACN 007 284 504; Second Defendant: Catalyst Recruitment Systems Pty Ltd ACN 050 243 251; Third Defendant: The Workers Compensation Nominal Insurer
Jurisdiction
Australia
Judgment Date
18 December 2014
Procedural Posture
Notice of Motion for Leave to Maintain/commence Proceedings / Application for Leave to Commence Proceedings Against Third Defendant Out of Time
Outcome
Leave granted nunc pro tunc to commence proceedings against the third defendant on 9 October 2012.
Legal Topics
Leave to Commence Proceedings Out of Time, Limitation Periods Under Workers Compensation Act, Judicial Discretion – Extension of Time
Civil Procedure Workers Compensation Limitation of Actions Leave to Commence Proceedings Out of Time Limitation Periods Under Workers Compensation Act Judicial Discretion – Extension of Time

Case Brief

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Parties

Robert Francis McMartin

Plaintiff

Hurlcon Manufacturing & Sales Pty Limited ACN 007 284 504

First Defendant

Catalyst Recruitment Systems Pty Ltd ACN 050 243 251

Second Defendant

The Workers Compensation Nominal Insurer

Third Defendant

Procedural Posture

Notice of Motion for Leave to Maintain/commence Proceedings / Application for Leave to Commence Proceedings Against Third Defendant Out of Time

Legal Issues

  1. 1 Whether the plaintiff should be granted leave under s 151D of the Workers Compensation Act 1987 (NSW) to commence proceedings against the third defendant out of time

Ratio Decidendi

Leave was granted because there was no opposition from the employer, no prejudice or difficulty from the grant of leave was raised, and the circumstances, including the steps taken by the plaintiff, demonstrated that justice required leave be granted.

Court Disposition

Leave granted nunc pro tunc to commence proceedings against the third defendant on 9 October 2012.

Orders

  • The plaintiff is granted leave nunc pro tunc to commence these proceedings against the third defendant on 9 October 2012.