Beller v Rocla Pty Ltd [2019] NSWDC 616

District Court New South Wales

Medium Neutral Citation: Beller v Rocla Pty Ltd [2019] NSWDC 616 Hearing dates: 2 September 2019 Date of orders: 01 November 2019 Decision date: 01 November 2019 Jurisdiction: Civil Before: Scotting DCJ Decision: (1) Verdict for the plaintiff in the sum of $282,411.63. (2) The defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis. (3) In the event that any party seeks a different cost order, please notify my Associate within 14 days. Catchwords: LIMITATION OF ACTIONS — Discoverability — Personal injury — When plaintiff "ought to know" facts Legislation Cited: Limitation Act 1969 Workers Compensation Act 1987 Cases Cited: Baggs v University of Sydney Union [2103] NSWCA 451 Baker-Morrison v State of New South Wales [2009] 74 NSWLR 454 Bostik Australia Pty Ltd v Liddiard [2009] NSWCA 167 State of New South Wales v Gillett [2012] NSWCA 83 Category: Principal judgment Parties: Kenneth Beller (Plaintiff) Rocla Pty Ltd (Defendant) Representation: Counsel: P A Beale/J E Doyan (Plaintiff) D O'Dowd (Defendant)

Solicitors: CMC Lawyers (Plaintiff) Moray & Agnew (Defendant) File Number(s): 2018/192277 Publication restriction: None

Judgment

Introduction 1. The plaintiff seeks damages for personal injury arising from an accident at the defendant's premises on 7 March 2011. At that time, the plaintiff was employed by Workforce Mobility Unit Trust (Workforce), a labour hire firm. The plaintiff was sent by Workforce to work at the defendant's premises in Mittagong as a casual labourer involved in the process of manufacturing concrete railway sleepers. 2. These proceedings were commenced on 21 June 2018. The only live issue in the proceedings is the defendant's Limitation Act 1969 defence (the Act). 3. If the defence is established, the proceedings should be dismissed. If not, the parties have agreed on Consent Orders which would result in entry of judgment for the plaintiff.