Fields v Berrigan (No. 1)

[2022] NSWDC 567

District Court

New South Wales

Medium Neutral Citation:

Fields v Berrigan & Anor (No. 1) [2022] NSWDC 567

Hearing dates:

15-16 September 2022

Date of orders:

16 September 2022

Decision date:

16 September 2022

Jurisdiction:

Civil

Before:

Neilson DCJ

Decision:

Matter number 2022/00180644 is dismissed.

Catchwords:

WORK INJURY DAMAGES – PRACTICE & PROCEDURE – NOTICE OF MOTION – Application to dismiss proceedings – Failure to comply with procedural requirements for Work Injury Damages claim – Attempt to remedy procedural deficiencies.

Legislation Cited:

Civil Liability Act 2002 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)

Workers Compensation Act 1926 (NSW)

Workers Compensation Act 1987 (NSW)

Workplace Injury Management and Workers Compensation Act 1998 (NSW)

Cases Cited:

Attileah v State Rail Authority [2005] 62 NSWLR 439

Dickinsonv Chapman [2022] NSWCA 2

Goode v Angland [2016] NSWSC 1016

Goode v Angland [2017] NSWCA 311

Singh v Lynch [2019] NSWSC 1403

Texts Cited:

Nil.

Category:

Procedural rulings

Parties:

Plaintiff - Todd Matthew Fields
First Defendant – Paul Berrigan
Second Defendant – Tamworth Jockey Club

Representation:

Counsel:
Plaintiff – Mr Best, M.
First Defendant – Mr Morris, P. SC
Second Defendant – Mr Stanton, D.

Solicitors:
Plaintiff – Everingham Solomons
First Defendant – McCabe Curwood
Second Defendant – Bartier Perry Lawyers

File Number(s):

2016/85305; 2022/180644

Publication restriction:

Nil.

Judgment

Background

1. HIS HONOUR: Currently before me are two sets of proceedings and a number of motions on notice. One set of proceedings is matter number 2016/85305. The other set of proceedings is matter 2022/180644. The proceedings before me can be politely described as a dog’s breakfast. They all arise out of an accident which befell Todd Matthew Fields, the Plaintiff, on 20 March 2013, some nine and a half years ago.

Plaintiff makes a workers compensation claim

2. In a claim for workers compensation, the Plaintiff described himself as a trackwork rider. The brief description of injury in the same document is this:

“Horse bucked & trampled me.”

On 26 March 2013, Mr Paul Berrigan, the First Defendant, completed an “Employer’s Injury Claim Form” using stationery provided to him by Racing NSW. Under the heading “Employer details”, the First Defendant inserted his own name. Under the heading “Employee details” he inserted the name “Todd Fields”. He confirmed that Mr Fields was a “Track work rider”. Under the heading “Current Duties,” Mr Berrigan said this:

“Just started

Riding 4 days.”

3. In answer to a question as to whether he was aware if the worker had other employment, Mr Berrigan ticked a box saying “Yes”, and went on to state that the Plaintiff had been riding for other trainers. He confirmed that the accident occurred when a horse bucked and that the incident occurred at a racecourse. It is common ground that the racecourse was, in fact, the Tamworth Racecourse, which is controlled, managed, and perhaps even owned, by the Tamworth Jockey Club. In his report of injury, Mr Berrigan said that the incident was reported on the day that it occurred, and that he was aware that the…