STRASBURGER ENTERPRISES PTY LTD trading as QUIX FOOD STORES v SERNA [2008] NSWCA 354

New South Wales Court of Appeal

CITATION: STRASBURGER ENTERPRISES PTY LTD trading as QUIX FOOD STORES v SERNA [2008] NSWCA 354

HEARING DATE(S): 8 December 2008

JUDGMENT DATE: 18 December 2008

JUDGMENT OF: Basten JA at 1; Gyles AJA at 65; Hoeben J at 66

(1) Grant the appellant an extension of time within which to file its summons for leave to appeal up to and including 11 December 2007.

(2) Grant the appellant leave to appeal against the decision in the District Court made on 28 August 2007 to extend the time within which Ms Serna could commence proceedings. DECISION: (3) Dismiss the appeal.

(4) Order the appellant to pay the respondent's costs of the proceedings in this Court.

CATCHWORDS: APPEALS – validity of administrative act required for purpose of civil proceedings – whether open to challenge in civil proceedings – collateral challenge to medical assessment certificate – Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 327 - LIMITATION OF ACTIONS – extension of time – limitation period for work injury damages claim – whether prejudice to defendant precluded extension of limitation period – limits of court's discretion – Workers Compensation Act 1987 (NSW), s 151D - PRACTICE AND PROCEDURE – pre-filing statement – contents of pre-filing statement – objective test required to answer statutory description – whether failure to respond to pre-filing statement within prescribed time – Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 315(1), 316, 318 - WORKERS' COMPENSATION – medical assessment certificate – validity – whether holding valid medical certificate precondition to commencing work injury damages proceedings – validity of certificate showing two injuries not separately assessed – whether there can be one injury, resulting from two events – need for plaintiff to establish 15% permanent impairment – Workers Compensation Act 1987 (NSW), ss 4, 151H – Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 322, 323, 325, 327 – Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 4(1), 5A - WORDS & PHRASES – "disease" – "impairment" – "injury" – "pre-filing statement"