Creighton v Coal & Allied Mining Services Pty Ltd [2016] NSWDC 356

District Court New South Wales

Medium Neutral Citation: Creighton v Coal & Allied Mining Services Pty Ltd [2016] NSWDC 356 Hearing dates: 7 December 2016 Date of orders: 07 December 2016 Decision date: 15 December 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Pursuant s 151D Workers Compensation Act 1987 (NSW), make orders in accordance with paragraph 1 of the Summons filed 21 October 2016 extending time for commencement of proceedings by the plaintiff against the defendant to 19 December 2016. (2) Grant leave to the plaintiff to file the Statement of Claim in these proceedings (2016/319889) and in those circumstances request the Registry to dispense with a further filing fee. (3) Costs of the Summons to be costs in the cause. (4) List the matter for directions before the Registrar on Thursday 19 January 2017. Catchwords: WORKERS COMPENSATION – s 151D Workers Compensation Act 1987 (NSW) – leave to commence proceedings more than three years after injury – adequacy of explanation for delay – extension of time granted Legislation Cited: Workers Compensation Act 1987 (NSW), ss 149, 151D, 151G, 151H and 151T Workers Compensation Legislation Further Amendment Act 2001 (NSW), Schedule 6 Cases Cited: Hornby v Nominal Defendant [2007] NSWCA 222 Howley v Principal Healthcare Finance Pty Ltd [2014] NSWCA 447 Salido v Nominal Defendant (1993) 32 NSWLR 524 Strasburger Enterprises Pty Ltd (t/as Quix Food Stores) v Serna [2008] NSWCA 354 Category: Procedural and other rulings Parties: Plaintiff: William Alexander Creighton Defendant: Coal & Allied Mining Services Pty Ltd Representation: Counsel: Plaintiff: Mr D R Benson Defendant: Mr P Warnes (solicitor)