Whisprun Pty Ltd v Sams & Ors [2002] NSWCA 394
Section 151D(2) of the Workers Compensation Act 1987 should be construed as permitting the court to grant leave nunc pro tunc to commence proceedings for damages out of time, and the legislative purpose is equally well served by deciding the question of leave after proceedings have been commenced as before.
- Parties
- Claimant: Whisprun Pty Ltd; Respondent: Scott Sams; Respondent: Darryl Keith Wetzler; Respondent: Michael Deverell
- Jurisdiction
- Australia
- Judgment Date
- 10 December 2002
- Procedural Posture
- Civil Appeal / Judgment on Application for Leave to Appeal and on Appeal
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- Limitation of Actions, Workers Compensation, Nunc Pro Tunc Orders, Leave to Commence Proceedings Out of Time
Case Brief
Summary, issues, holding and outcome
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Parties
Whisprun Pty Ltd
Claimant
Scott Sams
Respondent
Darryl Keith Wetzler
Respondent
Michael Deverell
Respondent
Procedural Posture
Civil Appeal / Judgment on Application for Leave to Appeal and on Appeal
Legal Issues
- 1 Whether s151D(2) of the Workers Compensation Act 1987 permits a court to grant leave to commence proceedings for damages out of time nunc pro tunc.
Ratio Decidendi
Section 151D(2) of the Workers Compensation Act 1987 should be construed as permitting the court to grant leave nunc pro tunc to commence proceedings for damages out of time, and the legislative purpose is equally well served by deciding the question of leave after proceedings have been commenced as before.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- In each case, leave to appeal granted, appeal dismissed.
Full Case Text
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