Bright v State of New South Wales [2017] NSWDC 257

District Court New South Wales

Medium Neutral Citation: Bright v State of New South Wales [2017] NSWDC 257 Hearing dates: 14, 22 August (Lismore), 13 – 15 September 2017 (Sydney) Date of orders: 15 September 2017 Decision date: 15 September 2017 Jurisdiction: Civil Before: Neilson DCJ Decision: I grant leave to the Plaintiff, pursuant to s 151D(2) of the Workers Compensation Act 1987 to commence these proceedings on 11 May 2017.

I order that the costs of the notice motion filed on 28 June 2017, costs of the application under s151D(2) of the Workers Compensation Act 1987, be costs in the cause.

In the event that the Plaintiff recovers the costs of the notice of motion of 28 June 2017, I certify for senior counsel for the Plaintiff/Applicant.

I direct that this matter be listed for mention before the Court at Lismore on Monday 6 November 2017 with a view to its being listed for hearing before the Court at Lismore in 2018.

Exhibits to be retained. Catchwords: CIVIL – PROCEDURE – LIMITATIONS – WORK INJURY DAMAGES – P injured 23 September 2009 – Receiving workers compensation benefits since then – WPI of 15% or more only agreed on 13 May 2015, after expiration of the 3-year limitation period – Proceedings commenced 11 May 2017 – Significance of s151DA of WCA 1987 – Delay – Whether D prejudiced by inability to bring cross-claim(s) – Any alleged cross claim would not be statute-barred – Whether fair trial could be held – Costs of an application under s151D(2) of WCA 1987 Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946 Police Regulation (Superannuation) Act 1906 Workers Compensation Act 1926 Workers Compensation Act 1987 Workers Compensation Regulation 2016 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Administration of Papua New Guinea v Daera Guba (1973) 130 CLR 353 Afarin v Excelior Pty Ltd [2013] NSWDC 65 Barrett v ITW Australia Pty Ltd [2016] NSWSC 1325 Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 Gallagher Bassett Services NSW Pty Limited v Murdock [2013] NSWCA 386 GIO General Limited v Love [2009] NSWCA 269 Howley v Principal Healthcare Finance Pty Ltd [2014] NSWCA 447 Itek Graphix Pty Limited v Elliott [2002] NSWCA 104; (2002) 54 NSWLR 207 Category: Procedural and other rulings Parties: Amy Louise Bright (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Mr P Doherty SC with Mr M Hammond (Plaintiff) Mr D Stanton (Defendant)