Sesa v Workers Compensation Nominal Insurer (No 2) [2015] NSWDC 165

District Court New South Wales

Medium Neutral Citation: Sesa v Workers Compensation Nominal Insurer (No 2) [2015] NSWDC 165 Hearing dates: 23 - 24 April 2015 Date of orders: 24 April 2015 Decision date: 24 April 2015 Jurisdiction: Civil Before: Neilson DCJ Decision: Time for the commencement of these proceedings extended to 22 September 2014

By consent, each party pay her or its own costs of this application Catchwords: WORKERS COMPENSATION – Work injury damages claim – Section 151D – Proceedings commenced out of time – Plaintiff pursued applications before the Workers Compensation Commission for determination of 15% or more whole person impairment – Applications put defendant on notice of plaintiff's intention to pursue work injury damages – Arguable cause of action – Serious personal injury – Defendant's assertion that business records of employer lost or destroyed not supported by any evidence – Justice of the cases requires leave be granted Legislation Cited: Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 Howley v Principal Health Care Finance Pty Ltd [2014] NSWCA 447 Category: Procedural and other rulings Parties: Jovanka Sesa (Applicant/Plaintiff) Workers Compensation Nominal Insurer (Respondent/Defendant) Representation: Counsel: Mr J Dodd (Applicant/Plaintiff) Mr A Hourigan (Respondent/Defendant)

Solicitors: NSW Compensation Lawyers (Applicant/Plaintiff) HWL Ebsworth Lawyers (Respondent/Defendant) File Number(s): 2014/278404 Publication restriction: No