Merton v Manildra Energy Australia Pty Ltd [2013] NSWSC 1482

Supreme Court New South Wales

Medium Neutral Citation: Merton v Manildra Energy Australia Pty Ltd [2013] NSWSC 1482 Hearing dates: 3 October 2013 Decision date: 11 October 2013 Before: Hoeben CJ at CL Decision: (1) Grant the plaintiff an extension of time within which to commence proceedings against Park up to and including 12 February 2013. (2) The plaintiff's costs of this application are to be the plaintiff's costs in the cause. Catchwords: LIMITATION OF ACTIONS - extension of time - limitation period for work injury damages claim - Workers Compensation Act 1987, s151D - delay adequately explained by plaintiff's medical condition - no evidence of prejudice - discretion to extend time should be exercised. Legislation Cited: Workplace Injury Management and Workers Compensation Act 1998 Workers Compensation Act 1987 Cases Cited: Brisbane South Regional Health Authority v Taylor [1996] HCA 25; 186 CLR 541 Itek Graphix Pty Ltd v Elliott [2002] NSWCA 104; 54 NSWLR 207 Salido v Nominal Defendant (1993) 32 NSWLR 524 Strasburger Enterprises Pty Ltd trading as Quix Food Stores v Serna [2008] NSWCA 354 The Salvation Army (South Australia Property Trust) v Rundle [2008] NSWCA 347 Category: Principal judgment Parties: Craig Merton - Plaintiff Manildra Energy Pty Ltd - First Defendant Kidde Australia Pty Ltd - Second Defendant Park Pty Ltd (formerly known as Manildra Park Pty Ltd) - Third Defendant Representation: Counsel: Mr L King SC/Mr J Wilson/Mr J Lee - Plaintiff Mr A Hourigan - Third Defendant Solicitors: AR Yates & Co, Solicitors - Plaintiff HWL Ebsworth - First Defendant Minter Ellison - Second Defendant DLA Piper - Third Defendant File Number(s): 2008/289240