Barrett v ITW Australia Pty Ltd [2016] NSWSC 1325

Supreme Court New South Wales

Medium Neutral Citation: Barrett v ITW Australia Pty Ltd [2016] NSWSC 1325 Hearing dates: 19 September 2016 Date of orders: 20 September 2016 Decision date: 20 September 2016 Jurisdiction: Common Law Before: Harrison J Decision: 1. Grant leave to the plaintiff pursuant to s 151D(2) of the Workers Compensation Act 1987 to commence these proceedings. 2. Order that the costs of this application be the plaintiff's costs in the proceedings. Catchwords: LIMITATION OF ACTION – leave to commence proceedings – s 151D(2) Workers Compensation Act 1987 – whether leave should be granted – where no prejudice to defendant and where satisfactory explanation for delay COSTS – application for leave to commence proceedings – where application ultimately not opposed – where application necessary whatever defendant's attitude might be – plaintiff entitled to costs as part of costs if successful in proceedings Legislation Cited: Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Itex Graphix Pty Ltd v Elliot (2002) 54 NSWLR 207; [2002] NSWCA 104 Category: Procedural and other rulings Parties: Ronald Charles Barrett (Plaintiff) ITW Australia Pty Ltd (Defendant) Representation: Counsel: B Kelleher (Plaintiff) S L Flett (Defendant)

Solicitors: Burke & Mead Lawyers (Plaintiff) Hall & Wilcox (Defendant) File Number(s): 2016/89760 Publication restriction: Nil