Troy Borg v Scentre Shopping Centre Management Pty Ltd [2023] NSWSC 338

Troy Borg v Scentre Shopping Centre Management Pty Ltd [2023] NSWSC 338

The proceedings against the second defendant must be struck out because the plaintiff failed to comply with mandatory statutory preconditions to commencing a claim for work injury damages, including making a lump sum compensation claim, obtaining an assessment of at least 15% permanent impairment, serving a pre-filing statement, and referring the claim to mediation.

Jurisdiction
Australia
Judgment Date
05 April 2023
Procedural Posture
Civil / Notice of Motion to Strike Out Proceedings Against Second Defendant
Outcome
Proceedings against the second defendant struck out with costs ordered against the plaintiff.
Legal Topics
['statement of Claim' 'leave to Amend' 'work Injury Damages' 'workers Compensation' 'pleadings' 'adjournment' 'particulars' 'mediation']
['civil Procedure' 'costs'] ['statement of Claim' 'leave to Amend' 'work Injury Damages' 'workers Compensation' 'pleadings' 'adjournment' 'particulars' 'mediation']

Case Brief

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Procedural Posture

Civil / Notice of Motion to Strike Out Proceedings Against Second Defendant

Legal Issues

  1. 1 ['Whether proceedings against the second defendant should be struck out for failure to comply with statutory preconditions to claim work injury damages' 'Whether plaintiff may be granted adjournment to obtain evidence of 15% whole person impairment' 'Whether pre-filing statement and mediation were preconditions to commencement of proceedings']

Ratio Decidendi

The proceedings against the second defendant must be struck out because the plaintiff failed to comply with mandatory statutory preconditions to commencing a claim for work injury damages, including making a lump sum compensation claim, obtaining an assessment of at least 15% permanent impairment, serving a pre-filing statement, and referring the claim to mediation.

Court Disposition

Proceedings against the second defendant struck out with costs ordered against the plaintiff.

Orders

  • ['The proceedings against the second defendant are struck out.' "The plaintiff is to pay the second defendant's costs of the proceedings including the costs of the notice of motion filed on 31 January 2023."]