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The plaintiff succeeded in a work injury damages claim after a lift malfunction caused jarring injuries. Damages were assessed at $871,284, with judgment for $315,438.30 after set-off.
Workers Compensation Nominal Insurer v Sako [2025] NSWCA 12
The Court of Appeal held that s 140 of the Workers Compensation Act 1987 does not extend the uninsured liability scheme to dust disease claims such as silicosis.
Lynch v VLI Drilling Pty Ltd [2024] NSWSC 1370
The Supreme Court granted leave under s 151D of the Workers Compensation Act 1987 (NSW) to commence work injury damages proceedings out of time.
Forbes v Nepean Transport Pty Ltd [2024] NSWDC 467
The District Court granted leave for a worker to commence and maintain negligence proceedings out of time under s 151D, finding the delay explained and prejudice not decisive.
Cavar v Campbelltown Catholic Club Ltd [2024] NSWCA 126
The Court of Appeal dismissed leave to appeal and held the notices of appeal incompetent, finding no arguable error in the summary dismissal of the claims.
Palackalody v St Vincent’s Hospital Sydney Limited [2023] NSWDC 324
The District Court granted leave to commence work injury damages proceedings out of time under s 151D, finding the delay adequately explained and no prejudice established.
Masic v Western Sydney Local Health District (trading as) Westmead Hospital [2023] NSWDC 239
The District Court granted leave to commence workers compensation proceedings out of time, finding the delay was satisfactorily explained and prejudice was not निर्णative.
Fields v Berrigan & Anor (No. 2) [2022] NSWDC 568
The District Court held that work injury damages costs rules applied, and ordered each party to bear its own costs for that part of the proceedings.
Skinner v The State of New South Wales [2021] NSWDC 36
The District Court allowed only part of a late expert report in a work injury damages case, admitting pages 10–11 of Dr Murray’s report and refusing the rest.
Donoso v Blacktown City Council [2020] NSWDC 656
The court granted leave to commence work injury damages proceedings out of time, finding the delay adequately explained by ongoing medical assessment and no actual prejudice.
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