Lieng v Coles Group Supply Chain Pty Ltd

The case of Lieng v Coles Group Supply Chain Pty Ltd involved the plaintiff, Lieng, who sought leave to commence proceedings out of time against Coles Group Supply Chain Pty Ltd. Lieng claimed compensation for an injury sustained while working for Coles. The dispute arose due to the plaintiff not initiating the legal action within the three-year time limit stipulated by section 151D of the Workers Compensation Act 1987 (NSW). The matter was heard by the NSW Supreme Court.

The primary legal issue the court had to resolve was whether Lieng could be granted leave to commence the proceedings out of time. This decision hinged on whether the court was satisfied that the plaintiff had a bona fide claim and whether there was a satisfactory explanation for the delay in initiating the proceedings. The court had to consider the circumstances surrounding the delay and whether it was reasonable under the circumstances.

The court found that Lieng had a bona fide claim for compensation and that there was a satisfactory explanation for the delay. The delay was attributed to Lieng's genuine belief that her injuries were not serious and the absence of any communication from Coles indicating the need for legal action. The court concluded that the delay was reasonable under the circumstances and granted Lieng leave to commence the proceedings out of time. The court also ordered that the costs of the application be costs in the cause and that the exhibits could be returned.

In conclusion, the court granted Lieng leave to commence the proceedings out of time, allowing her to pursue her claim for compensation against Coles Group Supply Chain Pty Ltd. The court emphasised the importance of the bona fide nature of the claim and the reasonableness of the delay. The decision ensures that Lieng can seek the appropriate compensation for her injury despite the procedural delay.