Moriarty v Department of Education (No 2) [2019] NSWDC 950

District Court New South Wales

Medium Neutral Citation: Moriarty v Department of Education (No 2) [2019] NSWDC 950 Hearing dates: 21 June 2019 Date of orders: 26 June 2019 Decision date: 26 June 2019 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: Leave be granted to the plaintiff to commence proceedings more than three years after the date of the injury, in accordance with s 151D(2) of the Workers Compensation Act 1987. Catchwords: WORKERS COMPENSATION - limitation period - extension of time - scope of discretion - test for reasonableness of delay - conduct of applicant for leave Legislation Cited: Workers Compensation Act 1987, s 151D Cases Cited: Gower v State of New South Wales [2018] NSWCA 132 Itek Graphix Pty Ltd v Elliott [2001] NSWCA 442 Saad v J Robins & Sons Pty Limited [2003] NSWCA 87 Category: Procedural rulings Parties: Gabriel Moriarty (plaintiff) Department of Education (defendant) Representation: Counsel: Mr J de Greenlaw (plaintiff) Mr L Morgan (defendant)

Solicitors: Gerard Malouf & Partners (plaintiff) Moray & Agnew (defendant) File Number(s): 2018/363852 Publication restriction: None

Judgment

A. INTRODUCTION 1. Gabriel Moriarty was injured after a soccer ball struck the back of her head on 27 March 2012 whilst she was working at a public school as a teacher's aide assisting a disabled year 7 student. She commenced proceedings for work injury damages against the Department of Education on 26 November 2018, outside the limitation period, and in this application seeks leave for an extension of time under s 151D of the Workers Compensation Act 1987.