Cumner v Rea

Cumner v Rea is a case where the applicant seeks to extend the time for bringing a claim for wrongful death compensation against the second respondent. The applicant contends that she was unaware her late husband was an employee of the second respondent, Richard Allen Rea, until after the statutory limitation period had passed. The legal issues the court needed to decide were whether the applicant had knowledge that her late husband was an employee of the second respondent prior to lodging the wrongful death claim and whether there is sufficient evidence for a claim to be brought against the second respondent.

The court found that the applicant had pointed to sufficient evidence to establish the right of action against the second respondent. The applicant had testified that she was unaware of any payment in the form of wages from Mr Rea or his company, A & K Investments Pty Ltd, to her late husband for the work that he did. The applicant also testified that she never questioned her late husband when he said he was going up to Mr Rea’s property to help out, and he would just tell her basic details about what they would be doing such as felling trees or making dams. The court found that the applicant’s testimony was credible and that there was sufficient evidence to establish the right of action against the second respondent.

The court also found that the requirements of s 31(2)(a) and (b) of the Limitation Act had been satisfied, and that the period of limitation for the applicant’s loss of dependency action against the second respondent ought to be extended to 10 February 2018. The court noted that the third respondent did not raise any issue of prejudice or likely prejudice.

The court will hear the parties as to the necessary form of order. The court found in favour of the applicant and granted an extension of time for bringing a claim for wrongful death compensation against the second respondent.