Murdock v Lipman Pty Ltd (No 2) [2013] NSWSC 11

Supreme Court New South Wales

Medium Neutral Citation: Murdock v Lipman Pty Ltd (No 2) [2013] NSWSC 11 Hearing dates: On written submissions Decision date: 25 January 2013 Before: McCallum J Decision: Application for leave under s 151D(2) of the Workers Compensation Act 1987 to commence proceedings against the insurer standing in the shoes of the deregistered employer granted Catchwords: WORKERS COMPENSATION - application for leave to bring proceedings for damages out of time - whether fair and just to grant leave - whether employer precluded from recovering contribution from other tortfeasors - whether prejudice arising due to claims by employer for indemnity under s 151Z(1)(d) being statute-barred Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946, s 5 Limitation Act 1969, s 14 Workers Compensation Act 1987, s 151D(2), s 151Z Cases Cited: Murdock v Lipman Pty Limited [2012] NSWSC 983 South Sydney Area Health Service v Gadiry [2002] NSWCA 161; (2002) 54 NSWLR 495 Taouk v Maroun Taouk & Anor [2010] NSWCA 372 Category: Interlocutory applications Parties: Harold Murdock (plaintiff) Lipman Pty Limited (first defendant) Australis Group (Underwriting) Pty Limited (second defendant) Gallagher Bassett Services New South Wales Pty Ltd (proposed third defendant) Representation: R Sheldon SC, D Stanton (plaintiff) C Purdy (first defendant) K Burke (second defendant) S Flett (proposed third defendant) Slater & Gordon Lawyers (plaintiff) Moray & Agnew (first defendant) Colin Biggers & Paisley (second defendant) File Number(s): 2010/143429 Publication restriction: None