Allison v Tuscan Industries Pty Limited [2012] NSWDC 156

District Court New South Wales

Medium Neutral Citation: Allison v Tuscan Industries Pty Limited [2012] NSWDC 156 Hearing dates: 13/09/2012 Decision date: 21 September 2012 Before: Levy SC DCJ Decision: 1.Verdict for the plaintiff in the sum of $425,832; 2.After offsetting from the plaintiff's verdict the defence of payments made to the plaintiff in the sum of $64,916.97, judgment for the plaintiff in the amount of $360,915.03; 3.The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered; 4.The exhibits may be returned; 5.Liberty to apply on 7 days notice if further orders are required. [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 - negligence - workplace injury claim brought out of time - leave to proceed - s 151D of Workers' Compensation Act 1987; DAMAGES - assessment of economic loss damage Legislation Cited: Evidence Act 1995, s 60 Workers' Compensation Act 1987, s 151D Cases Cited: Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25 Malec v JC Hutton Pty Ltd [1990] HCA 20; (1990) 169 CLR 638 State of NSW v Moss [2000] NSWCA 133, (2000) 54 NSWLR 536 Category: Principal judgment Parties: Michael Allison (Plaintiff) Tuscan Industries Pty Limited (Defendant) Representation: Mr A Lidden SC with Mr M Daley (Plaintiff) Mr G Niven (Defendant) Brydens (Plaintiff) Kaden Boriss (Defendant) File Number(s): 2011/402907 Publication restriction: None