Wickham Freight Lines Pty Ltd v Ferguson [2013] NSWCA 66

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wickham Freight Lines Pty Ltd v Ferguson [2013] NSWCA 66 Hearing dates: 19 February 2013 Decision date: 05 April 2013 Before: Macfarlan JA at [1] Barrett JA at [29] Preston CJ of LEC at [30] Decision: (1) Appeal allowed. (2) Set aside the orders made by Delaney DCJ dismissing the respondent's Notice of Motion and ordering that the costs of the Motion be costs in the cause. (3) Order pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 that the respondent's Statement of Claim filed in the District Court be struck out. (4) Order the respondent to pay the applicant's costs in the District Court and on appeal. (5) Grant the respondent a certificate under the Suitors' Fund Act 1951, if he is qualified. [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: PRIVATE INTERNATIONAL LAW - entitlement to damages for work-related injury - injury suffered out of jurisdiction - choice of law - Victorian law the lex loci delicti - s 134AB Accident Compensation Act 1985 (Vic) - damages only recoverable where a serious injury within the meaning of that section - whether statutory provisions stipulating the steps to be taken to determine whether injury a serious injury applied to proceedings in New South Wales District Court - whether provisions substantive or procedural