Hawley v Wesley Community Services Ltd [2020] NSWDC 630

Hawley v Wesley Community Services Ltd [2020] NSWDC 630

The plaintiff failed to adduce evidence to establish an arguable cause of action or provide a reasonable or adequate explanation for the delay, nor did she show there had not been an absence of diligence. In the absence of such evidence, the discretion to grant leave to commence proceedings under s 151D Workers...

Source-derived case information.

Parties
Plaintiff: Teena Hawley; Defendant: Wesley Community Services Ltd
Jurisdiction
Australia
Judgment Date
23 October 2020
Procedural Posture
Civil / Interlocutory Application for Leave to Commence Proceedings Out of Time Under S 151 D Workers Compensation Act 1987 (nsw)
Outcome
Plaintiff's application for leave to commence proceedings out of time dismissed.
Legal Topics
Extension of Limitation Period, Work Injury Damages, Evidentiary Onus, Leave to Commence Proceedings, Prejudice in Limitation Applications
Civil Procedure Workers Compensation Extension of Limitation Period Work Injury Damages Evidentiary Onus Leave to Commence Proceedings Prejudice in Limitation Applications

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Summary, issues, holding and outcome

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Parties

Teena Hawley

Plaintiff

Wesley Community Services Ltd

Defendant

Procedural Posture

Civil / Interlocutory Application for Leave to Commence Proceedings Out of Time Under S 151 D Workers Compensation Act 1987 (nsw)

Legal Issues

  1. 1 Whether the plaintiff has an arguable cause of action
  2. 2 Whether the plaintiff has provided a reasonable or adequate explanation for the delay
  3. 3 Whether there has been an absence of diligence on the part of the plaintiff

Ratio Decidendi

The plaintiff failed to adduce evidence to establish an arguable cause of action or provide a reasonable or adequate explanation for the delay, nor did she show there had not been an absence of diligence. In the absence of such evidence, the discretion to grant leave to commence proceedings under s 151D Workers Compensation Act 1987 could not be exercised in her favour, and her application must be dismissed.

Court Disposition

Plaintiff's application for leave to commence proceedings out of time dismissed.

Orders

  • Dismiss the plaintiff's motion filed on 31 August 2020.
  • Order the plaintiff to pay the defendant's costs of the motion.