Chand v Prix Car Services Pty Ltd [2013] NSWDC 149

District Court New South Wales

Medium Neutral Citation: Chand v Prix Car Services Pty Ltd [2013] NSWDC 149 Hearing dates: 26 July & 16 August 2013 Decision date: 23 August 2013 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Pursuant to s 151D of the Workers Compensation Act 1987, leave is granted to the plaintiff to file a statement of claim in the form that is annexed to the affidavit of the plaintiff's solicitor sworn on 11 April 2013, arising from his workplace injury identified as having occurred on 6 May 2008; 2.The defendant is to pay the plaintiff's costs of the summons on the ordinary basis unless otherwise ordered; 3.The exhibits may be returned; 4.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: LIMITATION OF ACTIONS - Application by plaintiff for leave to proceed with claim out of time - whether delay satisfactorily explained - whether presumptive prejudice contraindicates leave in this case Legislation Cited: Workers Compensation Act 1987, s 151D Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 ITEK Graphix Pty Ltd v Elliott [2002] NSWC 104; (2002) 54 NSWLR 207 Smith v Grant [2006] NSWCA 244; (2006) 67 NSWLR 735 Category: Interlocutory applications Parties: Michael Chand (Plaintiff) Prix Car Services Pty Ltd (Defendant) Representation: Mr D Morgan (Plaintiff) Mr R Hourigan (Defendant) Paramount Lawyers (Plaintiff) DLA Piper (Defendant) File Number(s): 2013/120208 Publication restriction: None