Butler v Ottoway Engineering Pty Limited [2018] NSWDC 305

Butler v Ottoway Engineering Pty Limited [2018] NSWDC 305

The Court granted the extension because the applicant's condition had deteriorated from an initially insufficient level of impairment to an accepted 27% whole person impairment, the claim was supported as viable and of some value if negligence were established, and the defendant did not complain of actual prejudice or inability to secure a fair trial.

Jurisdiction
Australia
Judgment Date
24 October 2018
Procedural Posture
Civil Application for Extension of Time to Bring a Work Injury Damages Claim / Motion Under S 151 D of the Workers Compensation Act 1987
Outcome
Motion granted
Legal Topics
['extension of Time' 'work Injury Damages' 'whole Person Impairment' 'absence of Prejudice']
['workers Compensation' 'limitation of Actions' 'civil Procedure'] ['extension of Time' 'work Injury Damages' 'whole Person Impairment' 'absence of Prejudice']

Case Brief

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Procedural Posture

Civil Application for Extension of Time to Bring a Work Injury Damages Claim / Motion Under S 151 D of the Workers Compensation Act 1987

Legal Issues

  1. 1 ['Whether time should be extended under s 151D of the Workers Compensation Act 1987 for the applicant to bring a claim for work injury damages arising from a workplace injury on 16 August 2007.' "Whether the lengthy delay should prevent an extension where the applicant's condition deteriorated and the defendant did not assert actual prejudice or inability to secure a fair trial."]

Ratio Decidendi

The Court granted the extension because the applicant's condition had deteriorated from an initially insufficient level of impairment to an accepted 27% whole person impairment, the claim was supported as viable and of some value if negligence were established, and the defendant did not complain of actual prejudice or inability to secure a fair trial.

Court Disposition

Motion granted

Orders

  • ['That pursuant to s 151D of the Workers Compensation Act 1987, the time for the commencement of the proceedings against the Defendant be extended to 11 July 2018 nunc pro tunc.' 'Costs of the motion will be costs in the cause.' 'The affidavit evidence filed in support of the application is returned.']