NSW Caselaw
District Court New South Wales
Medium Neutral Citation: McCarthy v Coles Supermarkets Australia Pty Ltd [2024] NSWDC 63 Hearing dates: 29 February 2024 Date of orders: 14 March 2024 Decision date: 14 March 2024 Jurisdiction: Civil Before: Cole DCJ Decision: (1) Nadia McCarthy has leave, pursuant to s 151D of the Workers Compensation Act 1987, to commence proceedings in this Court for damages against Coles Supermarkets Australia Limited more than three years after the date on which she was allegedly injured on 1 April 2016. (2) The time for the filing of the Statement of Claim is extended to 15 August 2023. (3) The costs of the application for leave will be costs in the cause. Catchwords: WORKERS COMPENSATION — Common law remedies — Three-year time limit after date of injury to commence proceedings for damages – application under s 151D Workers Compensation Act 1987 for leave to commence proceedings out of time. Legislation Cited: Workers Compensation Act 1987 (NSW) Workplace Injury Management Act 1998 (NSW) Cases Cited: Howley v Principal Healthcare Finance Pty Ltd [2014] NSWCA 447 Itex Graphix Pty Ltd v Elliott [2002] NSWCA 104 Category: Procedural rulings Parties: Nadia McCarthy (Plaintiff) Coles Supermarket Australia Pty Ltd (Defendant) Representation: Counsel: Mr R Taylor (for the Plaintiff) Mr Iain Todd (for the Defendant)
Solicitors: Withstand Lawyers (Plaintiff) Hall and Wilcox (Defendant) File Number(s): 2023/00258967 Publication restriction: Nil
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