Papalii v IKEA Distribution Services Australia P/L [2015] NSWDC 36

District Court New South Wales

Medium Neutral Citation: Papalii v IKEA Distribution Services Australia P/L [2015] NSWDC 36 Hearing dates: 26 March 2015 Date of orders: 31 March 2015 Decision date: 31 March 2015 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1. Pursuant to s 109 of the Motor Accidents Compensation Act 1999, the time for the plaintiff to commence proceedings in respect of injuries he sustained in an accident at work on 15 April 2011 whilst in the employ of the defendant, is extended to 26 April 2014; 2. The costs of the motion are to be costs in the cause; 3. The proceedings are to be heard together with proceedings between the parties numbered 2015/53875; 4. The proceedings are listed for directions on 1 April 2015 together with proceedings numbered 2015/53875 5. Liberty to apply on 7 days notice if further or other orders are required. Catchwords: LIMITATION OF ACTIONS – motor vehicle accident involving use of forklift in the workplace – injury to employee driving forklift – proceedings commenced out of time – whether full and satisfactory explanation for delay in commencing proceedings – whether extension of time warranted in the circumstances Legislation Cited: Motor Accidents Compensation Act 1999 Workers Compensation Act 1987 Cases Cited: Smith v Grant [2006] NSWCA 244; (2006) 67 NSWLR 735 Category: Procedural and other rulings Parties: Sipaia Papalii (Plaintiff) IKEA Distribution Services Australia Pty Ltd (Defendant) Representation: Counsel: Mr G Beauchamp (Plaintiff) Mr A Hourigan (Defendant)