Hall v Ecoline Pty Ltd T/As Treetop Adventure Park [2018] NSWSC 1732

Supreme Court New South Wales

Medium Neutral Citation: Hall v Ecoline Pty Ltd T/As Treetop Adventure Park [2018] NSWSC 1732 Hearing dates: 6 November 2018 Date of orders: 16 November 2018 Decision date: 16 November 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) Dismiss the plaintiff's further amended notice of motion filed 5 November 2018.

(2) Dismiss the proceedings against the second defendant pursuant to UCPR r 13.4.

(3) The plaintiff is to pay the second defendant's costs of the proceedings. Catchwords: WORKERS' COMPENSATION – proceedings to obtain compensation – work injury damages -preliminary requirements – whether plaintiff entitled to file statement of claim – whether statement of claim materially different from that proposed in pre-filing statement – Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 318 – where plaintiff injured back in course of employment – whether pleading as to material facts of causation of injury differed – where occurrence of a fall asserted for first time in statement of claim – whether defendant estopped from relying on s 318 when it did not assert that pre-filing statement was defective pursuant to s 317 – meaning of "defective" – whether leave should be granted for filing of statement of claim – whether "material concerned" was not reasonably available to the plaintiff Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 13.4 Workers Compensation Act 1987 (NSW) ss 66, 151D, 151DA, 151H Workplace Injury Management and Workers Compensation Act 1998 (NSW) ss 254, 255, 260, 262, 280A, 280B, 315-318 Cases Cited: Ortlipp v Employers Mutual NSW Limited as agent for the Workers Compensation Nominal Insurer [2014] NSWDC 157 Category: Procedural and other rulings Parties: Scott Richard Hall (Plaintiff) Ecoline Pty Ltd t/as Treetop Adventure Park (First Defendant) Mars Australia Pty Ltd (Second Defendant) Representation: Counsel: C Hart (Plaintiff) C Bou-Francis (First Defendant) D Stanton (Second Defendant)