Khamiss v Sydney Roof Masters Pty Ltd [2017] NSWDC 48

District Court New South Wales

Medium Neutral Citation: Khamiss v Sydney Roof Masters Pty Ltd [2017] NSWDC 48 Hearing dates: 17, 20-21 February 2017 Date of orders: 21 February 2017 Decision date: 21 February 2017 Jurisdiction: Civil Before: Neilson DCJ Decision: I grant leave to the plaintiff to commence proceedings in respect of the cause of action alleged on 9 February 2009 on 18 March 2016 Catchwords: WORKERS COMPENSATION – LIMITATIONS – Section 151D(2) application for extension of time – Date of injury 9 February 2009, proceedings not commenced until 18 March 2016 – D filed defence pleading the P was statute-barred from recovery due to time lapse – P files notice of motion to extend limitation period 6 months later – Despite P solicitor's multiple instances of delay, fair trial is not prejudiced – Part of delay due to statutory scheme – Notice of motion granted Legislation Cited: Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Bissett v State of New South Wales [2017] NSWDC 12 Brisbane South Regional Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 Howley v Principal Healthcare Finance Pty Ltd [2014] NSWCA 447 Leighton Contractors Pty Ltd v Fox; Calliden Insurance Limited v Fox [2009] HCA 35 Prince Alfred College Incorporated v ADC [2016] HCA 37 Walsh v State of New South Wales [2016] NSWDC 343 Category: Principal judgment Parties: Hassan Khamiss (Plaintiff) Sydney Roof Masters Pty Ltd (Defendant) Representation: Counsel: Mr S Flett (Plaintiff) Mr D Baran (Defendant) Mr B Symons