NSW Caselaw
New South Wales Court of Appeal
CITATION : Lampson (Australia) Pty Ltd v Alistair Anthony Mackay [2004] NSWCA 152 HEARING DATE(S) : 10/5/04 JUDGMENT DATE : 17 May 2004
JUDGMENT OF : Ipp JA at 1; Bryson JA at 2; Stein AJA at 3 DECISION : Summons for leave to appeal is dismissed
CATCHWORDS : Application for leave to appeal- dismissal of claimant's motion to amend defence to plead s.151C of Workers Compensation Act 1987- whether failure of claimant to reply to letter seeking admission of liability within seven days sufficent to enliven exceptions provided in s.151C- whether claimant, by filing of defence denying liability and preparation of matter for trial, estopped from amending defence and/or relying on s.151C- failure to offer explanation of delay Workers Compensation Act 1987; LEGISLATION CITED : Workers Compensation Legislation Amendment Act 2001; District Court Rules CASES CITED : Commonwealth v Verwayen [1990] 170 CLR 394; Sydney Ports Corporation v Collins (2003) 56 NSWLR 232 PARTIES : Lampson (Australia) Pty Ltd for the Appellant Alistair Anthony Mackay for the Respondent FILE NUMBER(S) : CA 40401 of 2003 COUNSEL : M J Fordham for the Appellant DJ Russell SC/ LK Crowley for the Respondent SOLICITORS : Hunt & Hunt Lawyers for the Appellant Armstrongs Solicitors for the Respondent
LOWER COURT District Court JURISDICTION : LOWER COURT DC 1437 of 2001 FILE NUMBER(S) : LOWER COURT Sidis DCJ JUDICIAL OFFICER :
- 6 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40401 of 2003 DC 1437 of 2001
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