Milanko v Watpac Pty Ltd [2021] NSWSC 452

Supreme Court New South Wales

Medium Neutral Citation: Milanko v Watpac Pty Ltd [2021] NSWSC 452 Hearing dates: 30 April 2021 Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) Mr Milanko is granted leave to commence these proceedings against the Nominal Insurer nunc pro tunc. (2) Costs of the motion be costs in the cause. Catchwords: WORKERS COMPENSATION – Limitation period – Leave sought for extension of time – s 151D of the Workers Compensation Act 1987 (NSW) – Where employer placed in receivership and later went into liquidation – Where claims pursued diligently - No prejudice flowing from grant of leave – Leave granted Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Limitation Act 1969 (NSW) ss 50C, 50D, Pt 2 Div 6 Workers Compensation Act 1987 (NSW) ss 66A, 151D, 162 Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 282 Cases Cited: Brisbane South Regional Health Authority Taylor (1996) 186 CLR 541 Hole v Gregory Ronald Lyons trading as Greg Lyons Building Constructions [2020] NSWSC 102 Itex Graphix Pty Limited v Elliott 54 NSWLR 207; [2002] NSWCA 104 Salido v Nominal Defendant (1993) 32 NSWLR 524) Category: Principal judgment Parties: Dragan Milanko (Plaintiff) 1st Defendant: Watpac Construction Pty Ltd 2nd Defendant: Concrete Structures Group Pty Ltd 3rd Defendant: Workers Compensation Nominal Insurer Representation: Counsel: Mr J Dodd (Plaintiff Mr A Combe (Third Defendant)