Gordon v Berowra Holdings Pty Ltd

Gordon (the appellant) brought proceedings against Berowra Holdings Pty Ltd (the respondent) in the District Court of New South Wales. The dispute concerned a claim for workers' compensation. The appellant sought to withdraw an offer of settlement and amend his statement of claim. The respondent sought to rely on section 151C of the *Workers Compensation Act 1987* (NSW) to argue that the proceedings were a nullity.

The primary legal issues before the Court of Appeal were whether proceedings commenced in breach of section 151C of the *Workers Compensation Act 1987* were a nullity, whether the respondent had waived its right to invoke section 151C, and whether the appellant should be granted leave to withdraw his offer of settlement and amend his statement of claim.

The Court of Appeal held that a breach of section 151C did not render proceedings a nullity. The Court reasoned that the provision was intended to protect the rights of insurers and that a failure to comply with it did not automatically extinguish the jurisdiction of the court. Furthermore, the Court found that the respondent had waived its right to rely on section 151C by its conduct in the proceedings. The Court also granted the appellant leave to withdraw his offer of settlement and amend his statement of claim, finding that it was in the interests of justice to do so.

The appeal was upheld.