Swinfield v South Eastern Sydney Area Health Services [2001] NSWSC 669

New South Wales Supreme Court

CITATION : Swinfield v South Eastern Sydney Area Health Services [2001] NSWSC 669 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 10640/2001 HEARING DATE(S) : 24 July 2001 JUDGMENT DATE : 8 August 2001

Christine Swinfield (Plaintiff) PARTIES : South Eastern Area Health Services t/as Garrawarra Centre (Defendant) JUDGMENT OF : Master Harrison

Mr R Goodridge (Plaintiff) COUNSEL : Mr G Carolan (Defendant) Firths The Compensation Lawyers SOLICITORS : (Plaintiff)

Moray & Agnew (Defendant) CATCHWORDS : Extension of limitation period - s 151D WCA LEGISLATION CITED : Workers Compensation Act 1987 Occupational Health and Safety Act 1983 Salido v Nominal Defendant (1993) 32 NSWLR 524 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR; 139 ALR 1 Holt v Wynter [2000] NSWCA 143; (1999-2000) 49 NSWLR 128 CASES CITED : Seib v Morton [2000] NSWCA 139, 26 June 2000 Nominal Defendant v Manning [2000] NSWCA 80 (2000) 50 NSWLR 139 Forbes v Davies [1994] Aust Torts Reports 81-279 Morrison v Judd (NSWCA, unreported 10 October 1995) DECISION : (1) Leave for the plaintiff to commence court proceedings in respect of injuries suffered as a result of an accident which occurred on 10 February 1998 is granted; (2) The plaintiff is to file and serve a statement of claim within 14 days; (3) The plaintiff or plaintiff's solicitor is to pay the defendant's costs. The plaintiff's solicitor is to show why he should not pay the costs of the summons.