NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Service v MacDougall [2011] NSWDC 66 Hearing dates: 31 May 2011 & 1 June 2011 Decision date: 01 June 2011 Jurisdiction: Civil Before: Neilson DCJ Decision: I grant leave to the Plaintiff to commence proceedings pursuant to section 151D(2) of the Workers Compensation Act 1988 by filing a Statement of Claim on 2 February 2011 The Defendant's Notice of Motion filed on 20 April 2011 is dismissed I order that the costs of each Notice of Motion be costs in the cause Catchwords: LIMITATION OF ACTIONS - Extension of period - By leave of Court
WORKERS COMPENSATION - Alternative Rights Against Employer - Work Injury Damages - Extension of Period
Statutory Interpretation - Workers Compensation Legislation Legislation Cited: Workers Compensation Act 1987 s 151D(2) Workplace Injury Management and Workers Compensation Act 1998 s 282(1) Cases Cited: Itek Graphix Pty Ltd v Elliott (2002) 54 NSWLR 207; [2002] NSWCA 104 Tang v PM Industries Pty Ltd (Master Greenwood, 31 October 1996) Smith v Mann (1932) 47 CLR 426 Strasburger Enterprises Pty Ltd v Serna [2008] NSWCA 354 Wattyl Australia Pty Ltd v McArthur [2008] NSWCA 326 Category: Interlocutory applications Parties: Callum Robert Service (Plaintiff) Garry MacDougall (Defendant) Representation: Mr B G McManamey (Plaintiff) Mr P M Morris SC (Defendant) Stacks Goudkamp (Plaintiff) Moray and Agnew (Defendant) File Number(s): 2011/34436
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