Crim v Vodafone Hutchison Australia Pty Ltd [2017] NSWDC 404

District Court New South Wales

Medium Neutral Citation: Crim v Vodafone Hutchison Australia Pty Ltd [2017] NSWDC 404 Hearing dates: 11 – 12 December 2017 Date of orders: 12 December 2017 Decision date: 12 December 2017 Jurisdiction: Civil Before: Neilson DCJ Decision: (1) I grant leave to the plaintiff to commence a claim for work injury damages against the defendant pursuant to s 151D(2) of the Workers Compensation Act 1978 on or before 4pm on Friday 22 December 2017 in respect of injuries suffered by the plaintiff between 1 September 2009 and 9 June 2011.

(2) The statement of claim is to be filed in the current proceedings with the current plaint number.

(3) I order the defendant to pay the plaintiff's costs of the summons.

(4) Exhibits to be returned. Catchwords: CIVIL – TORTS – LIMITATIONS – Application to extend 3 year limitation period to bring a claim for work injury damages, 6.5 years after plaintiff stopped working – Allegation of overwork without adequate supervision or assistance – Initially somatic symptoms later diagnosed to be psychologically determinant – Plaintiff only realised cause of his symptoms nearly 4 years after stopping work – Plaintiff then makes WC claim and needs to pursue two sets of proceedings in WCC before making a claim of work injury damages – Whether plaintiff deliberately allowed limitation period to expire – Whether application was futile, plaintiff not having an arguable case on liability Legislation Cited: Occupational Health and Safety Act 2000 Occupational Health and Safety Regulation 2001 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Australian Croatian Cultural and Educational Association "Braca Radici" Blacktown Limited v Benkovic [1999] NSWCA 210 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Itek Graphix Pty Limited v Elliott (2001) 54 NSWLR 2017; [2002] NSWCA 104 Koehler v Cerebos (Australia) Limited [2005] HCA 15; (2005) 214 ALR 355 Mason v Murray's Charter Coaches & Travel Services Pty Limited (1998) 88 FCR 308 Secretary of State for Trade and Industry v Davies [1996] 4 ALL ER 289 Category: Procedural and other rulings Parties: Jerrod Crim (Plaintiff) Vodafone Hutchison Australia Pty Limited (Defendant) Representation: Counsel: Mr D Hooke SC with Mr S Holmes (Plaintiff) Mr N Polin SC (Defendant)