BHP STEEL (AIS) PTY LTD v. NECATI DUM [2004] NSWCA 117

New South Wales Court of Appeal

CITATION : BHP STEEL (AIS) PTY LTD v. NECATI DUM [2004] NSWCA 117 HEARING DATE(S) : 06/04/ 2004 JUDGMENT DATE : 6 April 2004

JUDGMENT OF : Beazley JA at 18; McColl JA at 19; Bryson JA at 2 DECISION : Application for leave to appeal dismissed with costs.

CATCHWORDS : WORKERS COMPENSATION - LIMITATION OF ACTIONS - plaintiff sued 20 months out of time for damages for industrial injury and applied for extension of time- Workers Compensation Act 1987 s.151D(2)- plaintiff was advised by counsel 7 months after injury not to sue - his condition later worsened - after change of solictors and of advice- he brought proceedings- no possible dispute of liability- District Court (Goldring DCJ) considered Itek Graphix Pty Ltd v Elliot and granted extension - defendant claimed leave to appeal- leave to appeal refused as suggested errors not well based on facts before Goldring DCJ- no question of principle. ND LEGISLATION CITED : Workers Compensation Act 1987 CASES CITED : Itek Graphix Pty Ltd v Elliott (2001) 54 NSWLR 2007; Coal and Allied Operations Pty Limited v Stringer (2003) NSWCA 271; PARTIES : BHP STEEL (AIS) PTY LIMITED - Claimant NECATI DUM - Opponent FILE NUMBER(S) : CA 40431/03 COUNSEL : J. Maconachie QC and N.Polin for the Claimant D. Toomey for the Opponent SOLICITORS : Sparke Helmore for the Claimant Russell McLelland Brown Solictors for the Opponent

LOWER COURT District Court JURISDICTION : LOWER COURT DCT No 831/01 (Wollongong) FILE NUMBER(S) : LOWER COURT Goldring DCJ JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 040431/03 BEAZLEY JA MCCOLL JA BRYSON JA