NSW Caselaw
New South Wales Court of Appeal
CITATION: WHITING v JDS ENGINEERING & LABOUR SERVICES PTY LTD [2010] NSWCA 28
HEARING DATE(S): 23 February 2010
JUDGMENT DATE: 4 March 2010
JUDGMENT OF: Basten JA at 1; Macfarlan JA at 1
DECISION: (1) Grant the applicant an extension of time within which to file and serve the summons seeking leave to appeal to 10 July 2009. (2) Grant leave to appeal against the judgment in the District Court of 11 August 2005.
CATCHWORDS: LIMITATION OF ACTIONS - extension of limitation period - appeal against decision to strike out claim for workers compensation - claim struck out erroneously - appeal lodged after delay of four years - whether adequate explanation for delay provided - whether necessary to demonstrate arguable substantive case - whether prejudice demonstrated
LEGISLATION CITED: Uniform Civil Procedure Rules 2005 (NSW), r 51.10 Workers Compensation Act 1987 (NSW), ss 66, 151, 151A
CATEGORY: Principal judgment
Brisbane South Regional Health Authority v Taylor [1996] HCA 25; 186 CLR 541 Coulton v Holcombe [1986] HCA 33; 162 CLR 1 Eggins v Brooms Head Bowling and Recreational Club Ltd (1986) 5 NSWLR 521 CASES CITED: Holt v Wynter [2000] NSWCA 143; 49 NSWLR 128 Jackamarra v Krakouer [1998] HCA 27; 195 CLR 516 Piening v Wanless [1968] HCA 7; 117 CLR 498 Taylor v Centennial Newstan Pty Ltd [2009] NSWCA 276 Tomko v Palasty (No 2) [2007] NSWCA 369; 71 NSWLR 61
PARTIES: Denis Whiting - Applicant JDS Engineering & Labour Services Pty Ltd - Respondent
FILE NUMBER(S): CA 2009/00298305
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