Beck v Endeavour Coal Pty Limited; Beck v South 32 t/as Endeavour Coal Pty Limited [2019] NSWDC 951

District Court New South Wales

Medium Neutral Citation: Beck v Endeavour Coal Pty Limited; Beck v South 32 t/as Endeavour Coal Pty Limited [2019] NSWDC 951 Hearing dates: 13 June 2019 Date of orders: 14 June 2019 Decision date: 14 June 2019 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: Proceedings 2018/348234: (1) Dismiss the defendant's notice of motion filed 6 February 2019. (2) Order that 50% of the defendant's costs of that motion be the defendant's costs of the proceedings. (3) List the matter for mention on Thursday, 4 July 2019 at 10am before the Judicial Registrar. Proceedings RJ00015/17: (1) Direct Mr Beck to file an amended statement of claim within 14 days deleting the s 66 and s 67 claims. (2) Dismiss the plaintiff's notice of motion filed 21 March 2019. (3) Direct that there be no order as to the costs of the plaintiff's motion. Catchwords: WORKERS COMPENSATION – permanent loss compensation – common law damages – election – leave to revoke election Legislation Cited: Workers Compensation Act 1987, s 66, s 67, s 151A Cases Cited: New South Wales v Taylor [2001] HCA 15 Category: Procedural rulings Parties: Proceedings 2018/348234 Nicholas Beck (plaintiff) Endeavour Coal Pty Limited (defendant)

Proceedings RJ00015/17 Nicholas Beck (plaintiff) South 32 t/as Endeavour Coal Pty Limited (defendant) Representation: Counsel: Mr G Parker SC with Mr R Stanton (plaintiff) Mr F Doak (defendant)