Lampson (Australia) Pty Ltd v Alistair Anthony Mackay

Lampson (Australia) Pty Ltd sought leave to appeal a decision of the primary judge who had dismissed its motion to amend its defence to plead section 151C of the *Workers Compensation Act 1987* (NSW). The dispute concerned whether the claimant's failure to reply to a letter seeking admission of liability within seven days was sufficient to enliven the exceptions provided by section 151C, and whether the claimant, by filing a defence denying liability and preparing the matter for trial, was estopped from amending its defence and/or relying on section 151C.

The court was required to determine whether the primary judge erred in dismissing the motion to amend the defence. Specifically, the court considered whether the claimant's conduct in denying liability and preparing for trial estopped it from subsequently seeking to rely on section 151C, which provides exceptions to certain procedural requirements in workers compensation matters. The court also considered the adequacy of the explanation provided for the delay in seeking the amendment.

The court found that the claimant had not provided a sufficient explanation for the delay in seeking to amend its defence. Furthermore, the court held that the claimant's prior conduct, in filing a defence that denied liability and preparing the matter for trial, created an estoppel preventing it from amending its defence to rely on section 151C. The court concluded that the primary judge had not erred in dismissing the motion.

The summons for leave to appeal was dismissed.