John Holland Pty Ltd v Industrial Court of New South Wales & Anor [2011] HCATrans 95

John Holland Pty Ltd sought special leave to appeal to the High Court of Australia from a decision of the Industrial Court of New South Wales. The dispute concerned the validity of a notice of intention to commence proceedings under section 104 of the *Workers Compensation Act 1987* (NSW) (the Act). The primary issue was whether the notice, which referred to the wrong date for the worker's injury, was nevertheless sufficient to satisfy the requirements of the Act and thus permit the commencement of proceedings.

The High Court was required to determine whether the Industrial Court had erred in finding that the notice of intention to commence proceedings was valid, despite containing an incorrect date of injury. This involved considering the purpose of section 104 of the Act and whether substantial compliance with its requirements was sufficient, or if strict adherence to the specified particulars was mandatory. The court also had to consider the implications of the incorrect date on the ability of the respondent to understand the nature of the claim being made against it.

The High Court granted special leave to appeal and, upon appeal, found that the notice was not valid. Their Honours held that section 104 of the Act required a notice to specify the date of the injury with reasonable certainty. The incorrect date provided in the notice was not a mere clerical error but a substantive misstatement that prejudiced the respondent's ability to ascertain the claim and prepare its defence. The court emphasised that while substantial compliance might be sufficient in some circumstances, the inaccuracy here went to the core of the information required by the statutory provision. The appeal was allowed, and the proceedings commenced by the notice were dismissed.