NSW Caselaw
New South Wales Supreme Court
CITATION : Bott v GIO Workers Compensation [2007] NSWSC 758 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 9 July 2007
JUDGMENT DATE : 13 July 2007
JURISDICTION : Common Law
JUDGMENT OF : Simpson J
DECISION : 1. The statement of claim be dismissed; 2. The plaintiff's amended notice of motion be dismissed; 3. The plaintiff pay the costs of the defendant, and the costs of WorkCover.
CATCHWORDS : PLEADING – defendant's notice of motion for summary judgment – plaintiff's notice of motion for leave to amend statement of claim – application to add WorkCover Authority as second defendant – claim for damages for personal injury – claim against employer determined in District Court – verdict for employer – claim against employer's insurer – frivolous and vexatious proceedings – no reasonable cause of action pleaded – abuse of process – attempt to re-litigate unsuccessful proceedings – proposed claim against WorkCover – no reasonable cause of action disclosed – leave to amend statement of claim refused
Civil Liability Act 2002 LEGISLATION CITED : Limitation Act 1969 Uniform Civil Procedure Rules 2005
CASES CITED : Blair v Curran [1939] HCA 23; 62 CLR 464 General Steel Industries Inc v Commissioner for Railways (NSW) [1954] HCA 69; 112 CLR 125
PARTIES : David Charles Bott (Plaintiff) GIO Workers Compensation (Defendant)
FILE NUMBER(S) : SC 20484 of 2006
in person (Plaintiff) COUNSEL : D J Hooke (Defendant) P R Sternberg (WorkCover Authority NSW)
N/A (Plaintiff) SOLICITORS : Hicksons (Defendant) I V Knight, Crown Solicitor (WorkCover Authority NSW)
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