RICKY PON KEUNG LAW v EUROCARS (NORTHSHORE) PTY LTD [2019] NSWDC 665

District Court New South Wales

Medium Neutral Citation: RICKY PON KEUNG LAW v EUROCARS (NORTHSHORE) PTY LTD [2019] NSWDC 665 Hearing dates: 30th October 2019 Date of orders: 01 November 2019 Decision date: 01 November 2019 Jurisdiction: Civil Before: Judge Priestley SC Decision: 1.Pursuant to s151D of the WCA leave is granted nunc pro tunc to the applicant to commence court proceedings for damages in respect of the injury concerned against the employer by way of the Statement of Claim filed on 24 June 2019.

2. The costs of the motion are to be the plaintiff's costs in the cause as assessed in accordance with Schedule 7 of the Workers Compensation Regulation 2016, subject to either party indicating upon the giving of this judgment that they wish to be heard further as to costs. Catchwords: CIVIL LAW- Leave application to commence proceedings – application by Plaintiff pursuant to Section 151D of the Workers Compensation Act 1987 for leave to commence proceedings Legislation Cited: Workers Compensation Act 1987, s151D, 151F,151G, 151H, 151IA Workplace Injury Management and Workers Compensation Act 1998 No 86 s254 Social Security Act Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541, Commonwealth of Australia v Smith [2005] NSWCA 478 at [128] Gallagher Bassett Services NSW Pty Ltd v Murdock [2013] NSWCA 386, Gower v State of New South Wales [2018] NSWCA 132 Itex Graphix Limited v Elliott [2002] NSWCA 104, (2002) 54 NSWLR 207 Prince Alfred College v ADC (2016) 258 CLR 134 Salvation Army (South Australia Property Trust) v Rundle [2008] NSWCA 347 at [96]. South Western Sydney Area Health Service v Gabriel [2001] NSWCA 477; Category: Procedural and other rulings Parties: Ricky Pon Keung Law (Plaintiff) Eurocars (Northshore) Pty Ltd (Defendant) Representation: Counsel: Mr. Khandhar SC (Plaintiff) Mr. Stockley (Defendant)