Muller v Mt Arthur Coal Pty Limited [2024] NSWSC 677

Supreme Court New South Wales

Medium Neutral Citation: Muller v Mt Arthur Coal Pty Limited [2024] NSWSC 677 Hearing dates: 2 May 2023 Date of orders: 3 June 2024 Decision date: 03 June 2024 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The plaintiff is granted an extension of time to commence proceedings against the first defendant, as owner and occupier pursuant to the Limitation Act 1969 (NSW) up to and including 10 May 2022. (2) The plaintiff is granted an extension of time to commence proceedings against all defendants as employers pursuant to s 151D(2) against all defendants up to and including 10 May 2022. (3) The plaintiff is to file and serve the statement of claim on the defendants within 14 days. (4) Costs be reserved. Catchwords: CIVIL PROCEDURE – Extension of time – Discoverability – Disability – Workplace bullying – Presumptive prejudice – Fair trial – Leave granted. Legislation Cited: Civil Liability Act 2002 (NSW) Coal Industry Act 2001 (NSW) s 3 Limitation Act 1969 (NSW) ss 11, 50C, 50D, 50F and 52 Workers Compensation Act 1987 (NSW) ss 151A and 151D Workers Compensation Amendment Act 2001 (NSW) Schedule 6, Part 18, cl 3 Workers Compensation Legislation Amendment Act 2012 (NSW) cl 26 Cases Cited: Baker-Morrison v State of NSW [2009] NSWCA 35; (2009) 74 NSWLR 454 Binetter v Binetter (2022) 409 ALR 1; [2022] NSWCA 169 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Gallagher Bassett Services NSW Pty Limited v Murdock [2013] NSWCA 386 Guthrie v Spence (2009) 78 NSWLR 225; [2009] NSWCA 369 Ida Wolff bht Steven Binetter v Binetter [2021] NSWSC 1249 Paric v John Holland [1985] HCA 58 State of New South Wales v Gillett [2012] NSWCA 83 Category: Procedural rulings Parties: Janelle Muller (Plaintiff) Mt Arthur Coal Pty Limited (First defendant) TESA Mining (NSW) Pty Limited (Second defendant) Chandler Macleod Group Limited (Third defendant) Representation: Counsel: