Pearce v Integra Coal Operations Pty Ltd [2014] NSWSC 561

Supreme Court New South Wales

Medium Neutral Citation: Pearce v Integra Coal Operations Pty Ltd [2014] NSWSC 561 Hearing dates: 2 April 2014 Decision date: 13 May 2014 Before: Rothman J Decision: 1. Pursuant to s 151D of the Workers Compensation Act 1987 leave granted to the plaintiff, Michael Jason Pearce, to commence court proceedings for damages, in respect of the injury said to have been suffered by Mr Pearce on or about 11 October 2006, by relying on the Statement of Claim (or any subsequently allowed pleading) filed 24 April 2013;The aforesaid extension of time operates nunc pro tunc; 2. The plaintiff shall pay the defendants costs of and incidental to the motion for extension of time; 3. The parties have liberty to apply on two days' notice for any different or special order for costs. Catchwords: LIMITATION OF ACTIONS - Workers Compensation Act 1987, s 151D - Extension of period by leave of court - Exercise of discretion - justice of the case - lack of prejudice to defendant or effect on fair trial - plaintiff's solicitor's professional and personal circumstances causes delay, together with necessity to brief alternate counsel - stabilisation of injury or symptoms Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 Itek Graphix Pty Ltd v Elliott [2002] NSWCA 104; (2002) 54 NSWLR 207 Category: Interlocutory applications Parties: Michael Jason Pearce (Plaintiff) Integra Coal Operations Pty Ltd (Defendant) Representation: Counsel: L. T. Grey (Plaintiff) J. Gleeson SC/ with P. Menary (Defendant) Solicitors: Ross Pfenningwerth (Plaintiff) Norton Rose Fullbright (Defendant) File Number(s): 2013/126419 Publication restriction: None