NSW Caselaw
New South Wales Court of Appeal
CITATION : Delta Pty Ltd v Whitefield [2004] NSWCA 220 HEARING DATE(S) : 17/06/04 JUDGMENT DATE : 6 July 2004
JUDGMENT OF : Handley JA at 1; Sheller JA at 2; Cripps AJA at 3 DECISION : Leave to appeal granted - Appeal upheld - Decision of trial judge set aside - Opponent's notice of motion for extension of limitation period dismissed - Opponent to pay costs.
CATCHWORDS : Limitation Act 1969 s60C and s60E - Advice given of common law claim and "election" to remain on workers compensation a relevant circumstance - Defendant's loss of public liability cover due to collapse of insurance company also a relevant circumstance. LEGISLATION CITED : Limitation Act 1969 Workers Compensation Act 1987 Itek Graphix Pty Ltd v Elliott (2002) 54 NSW LR 207 CASES CITED : Kondis v State Transit Authority (1984) 154 CLR 672 Ashton v Benders [2002] TASSC 68 Schering-Plough Pty Ltd v Page (2002) NSWCA 4 APPELLANT PARTIES : Delta Pty Ltd RESPONDENT Donnie Whitefield FILE NUMBER(S) : CA 40704/2003 CLAIMANT COUNSEL : Mr C R R Hoeben AM RFD SC with Mr G M Gregg OPPONENT Mr K P Rewell SC with Mr M A Cleary CLAIMANT SOLICITORS : Bartier Perry OPPONENT AMC Law
LOWER COURT District Court JURISDICTION : LOWER COURT 9797/2002 FILE NUMBER(S) : LOWER COURT Phegan DCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40704/03
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