Davis v Qantas Airways Limited [2018] NSWDC 260

District Court New South Wales

Medium Neutral Citation: Davis v Qantas Airways Limited [2018] NSWDC 260 Hearing dates: 24 August 2018 Date of orders: 20 September 2018 Decision date: 20 September 2018 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. Pursuant to s 151D of the Workers Compensation Act 1987, leave is granted to the plaintiff to commence proceedings against the defendant notwithstanding that more than 3 years have passed since the plaintiff's cause of action arose on 1 August 2008, such leave is extended to 23 June 2017, when the plaintiff's statement of claim was filed;

2. The costs of the motion are left to be determined by the trial judge after all other issues have been determined;

3. Liberty to apply on 3 days' notice if further or other orders are required. Catchwords: LIMITATION OF ACTIONS – application by plaintiff pursuant to s 151D of the Workers Compensation Act 1987 for leave to commence proceedings after expiry of statutory limitation period – leave granted Legislation Cited: Workers Compensation Act 1987, s 151D, s 151DA, s 318 Cases Cited: Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 Gower v State of New South Wales [2018] NSWCA 132 Itex Graphix Limited v Elliott [2002] NSWCA 104, (2002) 54 NSWLR 207 Smith v Grant [2006] NSWCA 244 Sydney City Council v Zegarac (1998) 43 NSWLR 195 Category: Procedural and other rulings Parties: Warren Davis (Plaintiff) Qantas Airways Limited (Defendant) Representation: Counsel: Mr L Morgan (Plaintiff) Mr F Doak (Defendant)