Healey v The Young District Producers Co-op Society Ltd [2001] NSWSC 967

New South Wales Supreme Court

CITATION : Healey v The Young District Producers Co-op Society Ltd [2001] NSWSC 967 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20563/2001 HEARING DATE(S) : 23 October 2001 JUDGMENT DATE : 31 October 2001

Ronald Patrick Healey (Plaintiff) PARTIES : The Young District Producers Co-Operative Society Limited (Defendant) JUDGMENT OF : Master Harrison

Mr TDF Hughes (Plaintiff) COUNSEL : Mr K Andrews (Defendant) G H Healey & Co - Sydney (Plaintiff) SOLICITORS : Leitch Hasson Dent (Defendant) CATCHWORDS : Dismiss proceedings - extension of time - s 151D WCA LEGISLATION CITED : Workers Compensation Act 1987 CASES CITED : New South Wales v Taylor [2001] HCA 15 DECISION : (1) The plaintiff's notice of motion filed 22 June 2001 is dismissed; (2) The plaintiff is to pay the defendant's costs of both motions.

6 IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

WEDNESDAY, 31 OCTOBER 2001

MASTER HARRISON

20563/2001 - RONALD PATRICK HEALEY v THE YOUNG DISTRICT PRODUCERS CO-OPERATIVE SOCIETY LIMITED Judgment (Dismiss proceedings; Extension of time – s 151D WCA)

1 MASTER: Two notices of motions were heard. By notice of motion filed 22 June 2001 the plaintiff seeks an order extending the time within which to commence proceedings pursuant to s 1512D of the Workers Compensation Act 1987 (WCA). By notice of motion filed 6 September 2001 the defendant seeks an order that the plaintiff's notice of motion be dismissed pursuant to s 151A(3) of the WCA and s 151D of the WCA. The plaintiff relied on his affidavits sworn 6 August 2001 and 23 October 2001. The defendant relied on the affidavit of Christine Bellemore affirmed 5 September 2001.