Paper Coaters Pty Limited v Jessop [2009] NSWCA 1

New South Wales Court of Appeal

CITATION: Paper Coaters Pty Limited v Jessop [2009] NSWCA 1

HEARING DATE(S): 27/11/08

JUDGMENT DATE: 30 January 2009

JUDGMENT OF: Hodgson JA at 1; Bell JA at 15; Gyles AJA at 54

1. Grant leave to appeal. 2. Direct that the amended notice of appeal be treated as filed pursuant to leave. DECISION: 3. Allow the appeal and quash the orders made by the Judicial Registrar on 6 November 2007 striking out paragraphs 2 and 3 of the defence filed on 5 July 2007. 4. Dismiss the respondent's notice of motion filed in the District Court on 15 August 2007. 5. The respondent is to pay the appellant's costs of the appeal and in the court below and with respect to the appeal to have a certificate under the Suitors Fund Act 1951, if otherwise qualified.

CATCHWORDS: LIMITATION OF ACTIONS – effect of service of pre-filing statement – claim for work injury damages – suspension of time - resumption of Workers Compensation Act 1987 (NSW) s 151DA - PROCEDURE – service of pre-filing statement – was a pre-filing statement defective or incomplete – whether claimant can file successive pre-filing statements – withdrawal of pre-filing statement – Workplace Injury Management and Workers Compensation Act 1998 (NSW) ss 315(1), 316, 317, 318 - WORDS AND PHRASES – "defective pre-filing statement"

Evidence Act 1995 (NSW) Interim Workers Compensation Commission Rules 2001 LEGISLATION CITED: Workers Compensation Act 1987 (NSW) Workers Compensation Commission Rules 2003 Workers Compensation Commission Rules 2006 Workplace Injury Management and Workers Compensation Act 1998 (NSW)