BHP Steel (AIS) Pty Ltd v Necati Dum

The dispute before the Court of Appeal of New South Wales concerned an application for leave to appeal against a District Court decision that granted an extension of time for the plaintiff, Necati Dum, to commence proceedings for damages for an industrial injury against his former employer, BHP Steel (AIS) Pty Ltd. The plaintiff had commenced his action approximately 20 months after the injury occurred.

The primary legal issue before the Court of Appeal was whether the District Court judge erred in granting the extension of time under section 151D(2) of the *Workers Compensation Act 1987* (NSW). The defendant argued that the District Court judge had made errors in considering the relevant factors for granting such an extension, particularly in light of the plaintiff's initial advice from counsel not to sue.

The Court of Appeal refused leave to appeal, finding that the suggested errors were not well-founded on the facts before the District Court judge. The court noted that the plaintiff's condition had worsened after he initially received advice not to sue, and that he had subsequently changed solicitors and received different advice, leading to the commencement of proceedings. The court also observed that there was no dispute regarding liability. As there was no question of principle raised, leave to appeal was refused.

The application for leave to appeal was dismissed with costs.