Saric v Holdmark (Aust) Pty Limited & Ors [2011] NSWDC 82

District Court New South Wales

Medium Neutral Citation: Saric v Holdmark (Aust) Pty Limited & Ors [2011] NSWDC 82 Hearing dates: 7 July 2011 Decision date: 12 July 2011 Jurisdiction: Civil Before: Judge M. Sidis Decision: The proceedings are struck out. To the extent of its entitlement, the plaintiff is to pay the defendant's costs of the proceedings, including the costs of the motion filed on 21 April 2011. The exhibits and affidavit evidence are returned Catchwords: LIMITATIONS Whether plaintiff's right to commence proceedings unlimited as to time Circumstances in which prior proceedings discontinued Whether leave to recommence should be granted ten years from the date of injury Deterioration in condition Absence of relevant evidence General and actual prejudice Legislation Cited: Law Reform Miscellaneous Provisions Act 1946 Workers Compensation Act 1987 Workers Compensation Amendment Transitional Regulation 2007 Workers Compensation Legislation Further Amendment Act 2001 No 94 Workers Compensation Regulation 2003 Workplace Injury and Management Act 1998 Cases Cited: Berowra Holdings Pty Limited v Gordon [2006] HCA 32; (2006) 225 CLR 364 Itex Graphics Pty Limited v Elliott [2002] NSWCA 104 Texts Cited: N/A Category: Interlocutory applications Parties: Zaivko Saric (Plaintiff/Applicant) Holdmark (Aust) Pty Limited (First Defendant/First Respondent) Workers Compensation Nominal Insurer (Second Defendant/Second Respondent) Representation: Mr J. Anderson (Plaintiff) Mr H. Halligan (Both Defendants/ Respondents) Martin Bell & Co. (Plaintiff) Hicksons Lawyers (Both Defendants/ Respondents) File Number(s): 2011/00056208 Publication restriction: No