Mansour Taouk v Maroun Taouk & Anor (Trading as E & MT Plumbing) ABN 51 021 843 766 [2010] NSWCA 372

New South Wales Court of Appeal

CITATION: Mansour Taouk v Maroun Taouk & Anor (Trading as E & MT Plumbing) ABN 51 021 843 766 [2010] NSWCA 372

HEARING DATE(S): 6 December 2010

JUDGMENT DATE: 22 December 2010

JUDGMENT OF: Giles JA at 1; Handley AJA at 2; Sackville AJA at 3

1. Leave to appeal granted. DECISION: 2. Appeal dismissed. 3. Applicant to pay the respondents' costs of the application for leave to appeal and of the appeal. [The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

CATCHWORDS: WORKERS COMPENSATION – claim by injured worker against his former employer seeking damages for injuries sustained in a work accident - time limitation – leave of the court required for proceedings brought more than three years after the date the injury was received – inability of respondents to pursue a cross-claim for contribution against third party because the limitation period had expired – whether primary judge was correct to find that the respondent had been prejudiced, given that respondent had made no claim for indemnity against third party under s 151Z(1)(d) of the Workers Compensation Act 1987 (NSW)

Law Reform (Miscellaneous Provisions) Act 1946 (NSW) LEGISLATION CITED: Limitation Act 1969 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1988 (NSW)