Young v Reece Australia Pty Limited [2018] NSWDC 465

District Court New South Wales

Medium Neutral Citation: Young v Reece Australia Pty Limited [2018] NSWDC 465 Hearing dates: 1 August 2018 Date of orders: 01 August 2018 Decision date: 01 August 2018 Jurisdiction: Civil Before: Neilson DCJ Decision: I grant leave to the plaintiff to commence proceedings for work injury damages arising out of the accident on 29 May 2013 as on 19 April 2018.

Costs in the cause Catchwords: TORTS - WORK INJURIES DAMAGES CLAIM – LIMITATIONS - Application to extend limitation period under Workers Compensation Act 1987, s151D.

Arguable cause of action - Plaintiff out of time by 81 weeks but half that period explained by need to reach agreement that plaintiff had WPI of 15% or more. Balance of time spent complying with statutory requirements before commencement of Court proceedings. Potentially large claim for a worker who had beforehand lost 4 digits of left hand and in subsequent accident lost about 30% of use of right hand. Legislation Cited: Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Gower v The State of New South Wales [2018] NSWCA 132 Prince Alfred College Incorporated v ADC [2016] HCA 37 Category: Procedural and other rulings Parties: Philip Young (Plaintiff) Reece Australia Pty Limited (Defendant) Representation: Counsel: Mr P Menary (Plaintiff) Mr S Flett (Defendant)