Vearing v Great Southern Energy [2000] NSWSC 773

New South Wales Supreme Court

CITATION : Vearing v Great Southern Energy [2000] NSWSC 773 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC R400104/2000 HEARING DATE(S) : 31 July 2000 JUDGMENT DATE : 4 August 2000

Francis Campbell Vearing (Plaintiff) PARTIES : Great Southern Energy (Defendant) JUDGMENT OF : Master Harrison

Mr E G Romaniuk (Plaintiff) COUNSEL : Mr G M Watson (Defendant) Farrell Lusher (Plaintiff) SOLICITORS : Sparke Helmore (Defendant) CATCHWORDS : Withdraw election - leave to commence proceedings - ss 151A & 151D WCA LEGISLATION CITED : Workers Compensation Act - s 66, 151A, 151D(2) Brennan Taylor v State of New South Wales [1999] NSWCA 158 Francis v Dunlop (NSWCA, unreported 16 December 1998) CASES CITED : Salido v Nominal Defendant (1993) 32 NSWLR 524 Holt v Wynter [2000] NSWCA 143 Seib v Morton [2000] NSWCA 139 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR; 139 ALR 1 DECISION : see para 20

16

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MASTER HARRISON

FRIDAY, 4 AUGUST 2000

R400104/2000 - FRANCIS CAMPBELL VEARING v GREAT SOUTHERN ENERGY

JUDGMENT (Withdraw election; leave to commence proceedings- ss 151A & 151D WCA)

1 MASTER: By summons filed 15 February 2000 the plaintiff seeks firstly, leave to revoke the elections pursuant to s 151A of the Workers Compensation Act 1987 (NSW) (the Act); and secondly, an extension within which to commence proceedings pursuant to s 151D(2) of the Act. The plaintiff relied on his affidavit sworn 23 December 1999 and the affidavit of his solicitor Peter Wayne Smith sworn on 24 May 2000. The defendant did not rely upon any affidavit evidence. I carefully observed the plaintiff when he was giving evidence and being cross examined. I formed the view that he was a truthful witness. 2 For the purposes of this application I find the following facts.