Lynch v VLI Drilling Pty Ltd [2024] NSWSC 1370

Supreme Court New South Wales

Medium Neutral Citation: Lynch v VLI Drilling Pty Ltd [2024] NSWSC 1370 Hearing dates: 25 October 2024 Date of orders: 25 October 2024 Decision date: 25 October 2024 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under s 151D of the Workers Compensation Act 1987 (NSW) grant leave to the plaintiff nunc pro tunc to commence these proceedings for damages for the injury suffered by him on 21 December 2013 by filing his statement of claim on 22 December 2023. (2) I note the agreement of the parties that the costs of this application of each of them should be costs in the cause. Catchwords: WORKERS COMPENSATION – application extension of limitation period – application neither consented nor opposed – plaintiff's reliance on solicitors' advice – availability of witnesses – no forensic prejudice – discretion to grant leave exercised Legislation Cited: Motor Accidents Act 1988 (NSW), s 52(4) Workers Compensation Act 1987 (NSW), ss 66, 67, 151A, 151D, Pt 3 Div 5 Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA 25 Pullen v Gutteridge Haskins & Davey Pty Ltd [1993] 1 VR 27 Salido v Nominal Defendant (1993) 32 NSWLR 524 The Commonwealth of Australia v Mewett (1997) 191 CLR 471; [1997] HCA 29 Category: Procedural rulings Parties: James Francis Lynch (Plaintiff) VLI Drilling Pty Ltd (Defendant) Representation: Counsel: E O'Neill (Plaintiff) J Webb (Solicitor)(Defendant)