NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Sharon Ann Roberts v King Tomislav Croatian Club Ltd [2019] NSWDC 121 Hearing dates: 8 April 2019 Date of orders: 15 April 2019 Decision date: 15 April 2019 Jurisdiction: Civil Before: J Smith SC DCJ Decision: (1) Plaintiff be granted leave to commence proceedings pursuant to s 151D(2) of the Workers Compensation Act 1987 (NSW) as from 24 August 2018 nunc pro tunc. (2) Costs of the plaintiff's notice of motion dated 30 November 2018 be costs in the cause. Catchwords: PROCEDURE – application to commence proceedings under s 151D of the Workers Compensation Act 1987 – extensive delay in bringing proceedings – plaintiff's ability to bring proceedings at the time due to injury – application allowed. Legislation Cited: Workers Compensation Act 1987 (NSW) Cases Cited: Brisbane South Regional Health Authority v Taylor (1986) 186 CLR 541 Gower v State of New South Wales [2018] NSWCA 132 Hunter Valley Developments v Cohen (1984) 3 FCR 344 Itek Graphix Pty Ltd v Elliott (2002) 54 NSWLR 207 Salvation Army (South Australia Property Trust) v Rundle [2008] NSWCA 347 South Western Sydney Area Health Service v Gabriel [2001] NSWCA 477 Category: Procedural and other rulings Parties: Sharon Ann Roberts – Plaintiff King Tomislav Croatian Club Ltd - Defendant Representation: Counsel: Mr J Dodd – Plaintiff
Solicitors: NSW Compensation Lawyers - Plaintiff Mr M Strachan, Hicksons Lawyers - Defendant File Number(s): 2018/260995 Publication restriction: No restriction
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