Fugar v Western Earthmoving Pty Ltd [2019] NSWDC 395

District Court New South Wales

Medium Neutral Citation: Fugar v Western Earthmoving Pty Ltd [2019] NSWDC 395 Hearing dates: 2 August 2019 Date of orders: 09 August 2019 Decision date: 09 August 2019 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 and maintain the present proceedings against the defendant notwithstanding that more than 3 years have passed since the plaintiff's cause of action arose between October 2011 and 19 October 2015, such leave is extended to 15 April 2019, the date on which the plaintiff's statement of claim was filed;

2. The defendant should pay the plaintiff's costs of the notice of motion;

3. Liberty to apply on 3 days' notice if further or other orders are required. Catchwords: LIMITATION OF ACTIONS – work injury damages – claim of bullying and harassment causing the plaintiff to incur severe psychological injury and consequent work incapacity – grant leave to maintain out of time proceedings pursuant to s 151D of Workers Compensation Act 1987 (NSW) Legislation Cited: Workers Compensation Act 1987 (NSW), s 151D, s 151DA Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 318 Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA 25 Gower v State of New South Wales [2018] NSWCA 132 Itex Graphix Limited v Elliott (2002) 54 NSWLR 207; [2002] NSWCA 104 Koehler v Cerebos (Australia) Ltd (2005) 222 CLR 44; [2005] HCA 15 Stevens v Brodribb Sawmilling Company Pty Ltd (1986) 160 CLR 16; [1986] HCA 1 Sydney City Council v Zegarac (1998) 43 NSWLR 195 Category: Procedural and other rulings Parties: Leanne Maree Fugar (Plaintiff) Western Earthmoving Pty Ltd (Defendant) Representation: Counsel: Mr H Marshall SC with Mr P Menary (Plaintiff) Mr I Todd (Defendant)