Masic v Western Sydney Local Health District (trading as) Westmead Hospital [2023] NSWDC 239

District Court New South Wales

Medium Neutral Citation: Masic v Western Sydney Local Health District (trading as) Westmead Hospital [2023] NSWDC 239 Hearing dates: 29 June 2023 Decision date: 07 July 2023 Jurisdiction: Civil Before: Newlinds SC DCJ Decision: 1. Leave granted to plaintiff pursuant to s 151D(2) of the Workers Compensation Act 1987 (NSW), nunc pro tunc to maintain these proceedings. 2. The costs of this application to be costs in the cause. Catchwords: Workers compensation – application leave to extend time 12 years after injury – explanation for delay – "Gower letter" Legislation Cited: Workers Compensation Act 1987, ss 66, 151D, 151D(2), 151DA(i)(b), 151G(1), 151H, 280A, 280D, Cases Cited: Brisbane South Regional Health Authority v Taylor 168 CLR 541 Commonwealth of Australia v Shaw (2006) 66 NSWLR 325 Gower v State of New South Wales [2018] NSWCA 132 Prince Alfred College Incorporated v ADC [2016] 258 CLR 134, [2016] HCA 37 Itec Graphics Pty Ltd v Elliott [2003] 54 NSWLR 207 Category: Procedural rulings Parties: Alma Masic (plaintiff) Western Sydney Local Health District (defendant) Representation: Counsel: J Dodd (plaintiff) S Flett (defendant)

Solicitors: NSW Compensation Lawyers (plaintiff) HWL Ebsworth Lawyers Pty Ltd File Number(s): 2023/80265 Publication restriction: None

JUDGMENT

Introduction 1. HIS HONOUR: By notice of motion filed 13 March 2023 the plaintiff seeks orders nunc pro tunc to maintain these proceedings pursuant to s 151D(2) of the Workers Compensation Act 1987. 2. The plaintiff alleges that she was injured at work at the Westmead Hospital on 19 July 2010, whilst manoeuvring a trolley laden with dental equipment through a crowded hallway. Her case is that, as a consequence, she sustained a back injury which has progressively got worse.