Safwat Beshara v Australian Postal Corporation; Australian Postal Corporation v Swan Services Pty Ltd; Swan Services Pty Ltd v The Underwriter Insurance Company Pty Ltd; Australian Postal Corporation v The Underwriter Insurance Company Pty Ltd [2008] NSWDC 71

Safwat Beshara v Australian Postal Corporation; Australian Postal Corporation v Swan Services Pty Ltd; Swan Services Pty Ltd v The Underwriter Insurance Company Pty Ltd; Australian Postal Corporation v The Underwriter Insurance Company Pty Ltd [2008] NSWDC 71

The matter should proceed as if the amendments sought by the cross-defendant were allowed and no amendments to the pleadings by the defendant have been made or allowed, given that s 151Z may operate independently but notice to the plaintiff remains important.

Jurisdiction
Australia
Judgment Date
09 April 2008
Procedural Posture
Civil / Application on Amendments to Pleadings
Outcome
Application allowed in part
Legal Topics
['pleadings' 'amendment of Pleadings' 'notice' 's 151 Z of Workers Compensation Act' 'contribution and Indemnity']
['practice and Procedure' 'workers Compensation'] ['pleadings' 'amendment of Pleadings' 'notice' 's 151 Z of Workers Compensation Act' 'contribution and Indemnity']

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Procedural Posture

Civil / Application on Amendments to Pleadings

Legal Issues

  1. 1 ['Whether s 151Z of the Workers Compensation Act 1987 must be specifically pleaded to be relied upon' 'Whether sufficient notice has been given to the plaintiff regarding reliance on s 151Z' 'Whether late amendments to pleadings should be allowed']

Ratio Decidendi

The matter should proceed as if the amendments sought by the cross-defendant were allowed and no amendments to the pleadings by the defendant have been made or allowed, given that s 151Z may operate independently but notice to the plaintiff remains important.

Court Disposition

Application allowed in part

Orders

  • ['Matter to proceed as if the amendments sought by the cross-defendant were allowed and no amendments to the pleadings by the defendant have been made or allowed.']