NSW Caselaw
District Court New South Wales
Medium Neutral Citation: McCormick v Mt Pleasant Stud Farm Pty Ltd [2021] NSWDC 415 Hearing dates: 17 August 2021 Date of orders: 19 August 2021 Decision date: 19 August 2021 Jurisdiction: Civil Before: Sidis ADCJ Decision: See paragraph 49 Catchwords: WORK ACCIDENT – leave to proceed out of time – work injury damages – point at which notice of intention to claim work injury damages should be made – application for leave to commence claim where statement of claim filed more than 6 years after work place injury Legislation Cited: Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 Gower v State of New South Wales [2018] NSWCA 132 Holt v Wynter [2000] NSWCA 128; (2000) NSWLR 128 Itex Graphix Pty Limited v Elliott [2002] NSWCA 104; (2002) 54 NSWLR 207 Salido v The Nominal Defendant (1993) 32 NSWLR 524 South Western Sydney Area Health Service v Gabriel [2001] NSWCA 477 Category: Procedural rulings Parties: Mr S McCormick (applicant) Mt Pleasant Stud Farm Pty Ltd (respondent) Representation: Counsel: Mr W Fitzsimmons SC and Ms S Warren for the applicant Ms T Berberian and Mr R Perla for the respondent
Solicitors: Lough & Wells Lawyers for the applicant Leigh Virtue and Associates for the respondent File Number(s): 2021/00015061
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