RFD Australia Pty Limited v Guo & The Nominal Defendant No. 1 [2012] NSWDC 133

District Court New South Wales

Medium Neutral Citation: RFD Australia Pty Limited v Guo & The Nominal Defendant No. 1 [2012] NSWDC 133 Hearing dates: 17, 18 & 19/04/2012 Decision date: 31 August 2012 Jurisdiction: Civil Before: Levy SC DCJ Decision: See paragraph [7] for orders [Note: 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: TORTS - motor vehicle accident - subrogated action by employer's worker's compensation insurer pursuing tortfeasor to recover payments made to injured worker Legislation Cited: Workers' Compensation Act 1987, s 151Z Cases Cited: Eltana v Guo & The Nominal Defendant [2012] NSWDC [132]. Category: Principal judgment Parties: RFD Australia Pty Limited (Plaintiff) Peng Guo (First defendant) Nominal Defendant (Second defendant) Representation: Mr P Khandhar (Plaintiff) Mr J Ryan (First defendant) Ms C Allen (Second defendant) Turks Legal (Plaintiff) Ferguson Lawyers (First defendant) Lee & Lyons (Second defendant) File Number(s): 2010/266490

Judgment

Nature of case 1In these proceedings numbered 2010/266490, which were originally transferred to the District Court from the Local Court, the plaintiff, RFD Australian Pty Limited ["RFD"] claims damages against the first defendant, Mr Peng Guo, and from the second defendant, the Nominal Defendant, pursuant to s 151Z of the Workers' Compensation Act 1987 seeking the recovery of payments of workers' compensation made to RFD's employee, Mrs Bidaya Eltana, in respect of injuries Mrs Eltana received in a motor vehicle accident that occurred on 2 June 2008.