SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Hrstic v Catlin Australia Pty Ltd |
Citation: | [2023] ACTSC 248 |
Hearing Date: | 11 August 2023 |
Decision Date: | 7 September 2023 |
Before: | Curtin AJ |
Decision: | (1) The Court declares that the first defendant is not a respondent for the purposes of s 51 of the Civil Law (Wrongs) Act 2002 (ACT) in relation to the plaintiff’s accident. (2) Costs of the application are to be costs in the cause. |
Catchwords: | CIVIL LAW – INTERLOCUTORY APPLICATION – work place injury – application to remedy purported non-compliance with notice provisions of the Civil Law (Wrongs) Act 2002 (ACT) –– interpretation of s 51 of the Civil Law (Wrongs) Act 2002 (ACT) – an insurer is not a respondent under s 51 – respondents in s 51 refer to respondents whose identity is known to the claimant – proper interpretation of the time provision in s 51(3) |
Legislation Cited: | Court Procedures Rules 2006 (ACT), rr 210, 1307 |
Cases Cited: | Ali-Rawahi v Ali Niazi [2006] ACTSC 84 |
Parties: | Ante Tony Hrstic ( Plaintiff) Catlin Australia Pty Ltd ( First Defendant) Geocon Constructors (ACT) Pty Ltd (Second Defendant) I.C. Formwork Services Pty Ltd (Third Defendant) Heyday5 Pty Ltd (Fourth Defendant) |
Representation: | Counsel D Shillington ( Plaintiff) J Nottle ( First Defendant) N Thompson (Second Defendant) S Bryson (Fourth Defendant) |
| Solicitors Blumers Personal Injury Lawyers ( Plaintiff) Wotton & Kearney ( First Defendant) HWL Ebsworth Lawyers (Second Defendant) Moray & Agnew Lawyers (Fourth Defendant) | |
File Number: | SC 177 of 2023 |
CURTIN AJ:
Introduction
1․This is an application in proceeding filed by the plaintiff seeking a declaration that he had complied with the notice provisions contained in Chapter 5 of the Civil Law (Wrongs) Act 2002 (ACT) (the WrongsAct), or alternatively, seeking authorisation from the Court for him to proceed further with the claim despite his noncompliance pursuant to s 59.
2․All subsequent references in this judgment to sections of legislation will be references to sections of the Wrongs Act unless otherwise specified.
3․The plaintiff requires one of those two orders because, on one view, he did not comply with the claim provision set out in s 51 in relation to the first defendant until recently.
4․The first defendant opposes the application on the basis that there has been no sufficient explanation for the delay by the plaintiff and that the first defendant would be prejudiced if the plaintiff were granted leave to proceed with his…
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- Case
- [2023] ACTSC 248
- Decision Date
CaseChat Overview and Summary
The court addressed three primary issues: whether an insurer is a 'respondent' under s 51 of the Wrongs Act; whether 'respondent' refers to parties whose identity was known to the claimant; and the interpretation of the end date in s 51(3). The court concluded that insurers are not respondents, respondents refer only to parties known to the claimant, and the end date is the earlier of two specified dates. The court found that Catlin was not a respondent under s 51, and therefore there was no obligation on Hrstic to comply with s 51 regarding Catlin. Additionally, the court held that the time periods in s 55, which govern later respondents, were more generous than those in s 51.
The court made two orders: (1) declaring that Catlin is not a respondent for the purposes of s 51 in relation to Hrstic's accident, and (2) setting the costs of the application as costs in the cause. The court emphasised that Hrstic was not required to comply with s 51 regarding Catlin and that the more lenient time periods in s 55 applied.
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Background
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