Morrish v Pertom Pty Ltd [2001] NSWCC 92

Compensation Court of New South Wales

CITATION : Morrish v Pertom Pty Ltd [2001] NSWCC 92 David Leslie John Morrish PARTIES : v Pertom Pty Limited MATTER NUMBER(S) : 39259 of 2000 JUDGMENT OF: Neilson J at 1 CATCHWORDS: Elements of Workers Compensation :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 23 March 2001 EX TEMPORE JUDGMENT DATE : 03/23/2001

FOR APPLICANT: Mr M Thomson instructed Shanahan Tudhope appeared for the applicant. LEGAL REPRESENTATIVES: FOR RESPONDENT: Mr M B Inglis instructed by Hickson Wisewoulds appeared for the respondent.

JUDGMENT: 1. In this case the applicant applies for an adjournment. It has been foreshadowed that if the adjournment application be unsuccessful, the applicant will seek leave to discontinue. There are three grounds presented for the adjournment; firstly, the applicant's medical reports were served out of time, but Mr Inglis advises me that he consents to their tender, so that is a non-issue. The next ground is that the applicant has been back at work since August 2000 and is claiming economic loss. The applicant says that he may, by prosecuting the current claim, abandon the right to make a claim for such loss. That is an incorrect view of the law: Bruce v Grocon Ltd. A claim for compensation cannot be so abandoned. The only thing that may apply is a costs penalty. The third ground advanced for the adjournment is that the applicant wishes to pursue his common law rights. If he does pursue his common law rights, he elects out of lump-sum compensation under s 66 and s 67 which is the actual claim made. For want of prosecution, struck out. Mr M Thomson instructed by Shanahan Tudhope appeared for the applicant. Mr M B Inglis instructed by Hickson Wisewoulds appeared for the respondent.