Hunter v Illawarra Coal Holdings Pty Ltd [2024] NSWSC 961

Hunter v Illawarra Coal Holdings Pty Ltd [2024] NSWSC 961

Leave was granted because the plaintiff adequately explained the delay, the account of the accident and reports annexed to his solicitor's affidavit established a reasonably arguable claim, and the defendant's non-opposition indicated that granting leave would not occasion prejudice amounting to unfairness.

Jurisdiction
Australia
Judgment Date
08 August 2024
Procedural Posture
Application for Leave for Extension of Time to Commence Workers Compensation Related Damages Proceedings / Notice of Motion for Leave Under S 151 D of the Workers Compensation Act 1987 (nsw)
Outcome
Leave granted and time extended; costs of the motion ordered to be costs in the cause.
Legal Topics
['extension of Time' 'leave to Commence Proceedings Against Employer for Damages' 'workplace Injury' 'prejudice' 'costs in the Cause']
['workers Compensation' 'negligence' 'civil Procedure'] ['extension of Time' 'leave to Commence Proceedings Against Employer for Damages' 'workplace Injury' 'prejudice' 'costs in the Cause']

Case Brief

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Procedural Posture

Application for Leave for Extension of Time to Commence Workers Compensation Related Damages Proceedings / Notice of Motion for Leave Under S 151 D of the Workers Compensation Act 1987 (nsw)

Legal Issues

  1. 1 ['Whether leave should be granted under s 151D(2) of the Workers Compensation Act 1987 (NSW) to commence proceedings more than 3 years after the injury was received.' 'Whether the plaintiff provided a sufficient and acceptable explanation for the delay.' 'Whether the plaintiff had a reasonably arguable claim.' 'Whether granting leave would cause prejudice to the defendant so as to render the trial unfair.']

Ratio Decidendi

Leave was granted because the plaintiff adequately explained the delay, the account of the accident and reports annexed to his solicitor's affidavit established a reasonably arguable claim, and the defendant's non-opposition indicated that granting leave would not occasion prejudice amounting to unfairness.

Court Disposition

Leave granted and time extended; costs of the motion ordered to be costs in the cause.

Orders

  • ['Pursuant to s 151D(2) of the Workers Compensation Act 1987 (NSW), leave is granted to the plaintiff to commence proceedings against the defendant and time is extended for the commencement of said proceedings to 20 December 2023.' 'Costs of the motion are costs in the cause.']