Daniel v Holroyd City Council [2016] NSWDC 239

District Court New South Wales

Medium Neutral Citation: Daniel v Holroyd City Council [2016] NSWDC 239 Hearing dates: 30 September 2016 Date of orders: 12 October 2016 Decision date: 12 October 2016 Jurisdiction: Civil Before: Dicker SC DCJ Decision: The plaintiff's application be dismissed Catchwords: Torts – negligence – work injury claim – leave sought to revoke election under Section 151A of the Workers Compensation Act 1987 (NSW) Legislation Cited: Workers Compensation Act 1987 (NSW) Cases Cited: New South Wales v Taylor (2001) 204 CLR 461; [2001] HCA 15 Corcoran v Tyre Marketers Australia [2001] NSWCA 300 Saad v J Robins & Sons Pty Ltd [2003] NSWCA 87 Category: Procedural and other rulings Parties: David Aaron Daniel (Plaintiff) Holroyd City Council (Defendant) Representation: Counsel: B Hughes SC and T Meakes (Plaintiff) C Tanner (Defendant)

Solicitors: Gorman Jones Lawyers (Plaintiff) Bartier Perry (Defendant) File Number(s): 2016/00155621

Judgment 1. The plaintiff by way of Summons filed 20 May 2016 seeks orders in the following terms: "1. Pursuant to Schedule 6, Part 18C, Clause 9(3) of the Workers Compensation Act 1987 and also pursuant to 151A of the Workers Compensation Act 1987 (as at 13 June 2000) that the election made by virtue of his acceptance of payment pursuant to s67 of the Workers Compensation Act 1987 thereby preclude him from claiming common law damaged [sic] from his employer, Holroyd City Council, be revoked and 2. Pursuant to S151D of the Workers Compensation Act 1987, leave of the Court be granted to commence proceedings in this matter." 1. At the beginning of the hearing of the Summons the parties indicated that the application would initially only be made in relation to obtaining the leave of the Court to revoke the election under Section 151A of the Workers Compensation Act 1987 (NSW) ("WCA") as it stood at the relevant time and that the application under Section 151D(2) of the WCA would await the outcome of the leave to revoke application. The hearing proceeded on that basis. 2. The election in the present case was made by the plaintiff on 17 November 1994 (Exhibit 1, page 29) when the plaintiff elected to claim permanent loss compensation under Sections 66 and 67 of the WCA by accepting payment in relation to that election from the defendant.