Hole v Gregory Ronald Lyons trading as Greg Lyons Building Constructions [2020] NSWSC 102

Supreme Court New South Wales

Medium Neutral Citation: Hole v Gregory Ronald Lyons trading as Greg Lyons Building Constructions [2020] NSWSC 102 Hearing dates: 13 February 2020 Decision date: 13 February 2020 Jurisdiction: Common Law Before: Button J Decision: (1) Plaintiff granted leave to commence proceedings against the second defendant, pursuant to s 151D(2) of the Workers Compensation Act 1987.

(2) Plaintiff must pay the costs of the second defendant pertaining to this motion.

(3) The costs referred to in order 2 do not become payable until the conclusion of the proceedings. Catchwords: WORKERS COMPENSATION – s 151D(2) Workers Compensation Act 1987 (NSW) – leave to commence proceedings more than three years after the injury – whether it was fair and just to grant leave – adequacy of explanation for delay – no evidence of prejudice –leave granted to commence proceedings – costs pertaining to the motion to be paid by the plaintiff Legislation Cited: Workers Compensation Act 1987 (NSW) ss 151D(2), 151DA(3)(b) Civil Liability Act 2002 (NSW) Cases Cited: Smith v Grant [2006] NSWCA 244 Category: Procedural and other rulings Parties: David Hole (Plaintiff) Greg Lyons Building Constructions (First Defendant) Briter Door Solutions Pty Ltd (Second Defendant) Representation: Counsel: J Roberts SC/A Cooley (Plaintiff) H Halligan (Second Defendant)

Solicitors: Slater and Gordon Lawyers (Plaintiff) Hicksons Lawyers (Second Defendant) File Number(s): 2016/60941