Mealing v P Chand t/as Fastfix

Reported Decision: 57 NSWLR 305

Court of Appeal

CITATION:	MEALING v CHAND [2003] NSWCA 205
HEARING DATE(S):	21 July 2003
JUDGMENT DATE:	21 July 2003
JUDGMENT OF:	Meagher ACJ at 1; Handley JA at 2; Young CJ in Eq at 20
DECISION:	Leave to appeal granted. Appeal allowed. Orders made.
CATCHWORDS:	LIMITATION OF ACTIONS - procedure - extension of limitation period may be granted after proceedings commenced
LEGISLATION CITED:	Workers Compensation Act 1987
CASES CITED:	Re Sydney Formworks Pty Limited [1965] NSWLR 646 Jol v State of New South Wales (1998) 45 NSWLR 283 Atikulla v Sefton (2001) NSWLR 574 Whisprun Pty Ltd v Sams (2002) NSWCA 394 Dandashli v Dandashli 6/12/96 unrep Clarke v Bailey (1993) 30 NSWLR 556 Bingham v England (1996) 17 WAR 226 Stevens v Motor Vehicle Insurance Trust (1978) WAR 232 National Mutual Fire Insurance v Commonwealth of Australia (1981) 1 NSWLR 400 Emanuele v Australian Securities Commission (1997) 188 CLR 114 Maxwell v Murphy (1956) 96 CLR 261
PARTIES :	William Mealing v P Chand (trading as Fastfix)
FILE NUMBER(S):	CA 40611/02
COUNSEL:	Appellant: B Hall QC/D Pullinger Respondent: R Elliott QC/E Cox
SOLICITORS:	Appellant: Bryden's Law Office Respondent: Holman Webb Lawyers

LOWER COURTJURISDICTION:	District Court
LOWER COURT FILE NUMBER(S):	DC 1037/02
LOWER COURT JUDICIAL OFFICER :	Ainslie-Wallace DCJ

IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

40611/02
DC 1037/02

MEAGHER ACJ
HANDLEY JA
YOUNG CJ in EQ

21 July 2003

WILLIAM MEALING v P CHAND T/as FASTFIX

LIMITATION OF ACTIONS – procedure – extension of limitation period may be granted after proceedings commenced

A worker, who was injured at work, commenced common law proceedings after the three year limitation period had expired. The worker later applied for an extension of the limitation period under s 151D(2) of the Workers Compensation Act.

HELD: Under s 151D(2) an extension of the limitation period could be granted after proceedings had been commenced to validate those proceedings.

ORDERS

(1) Leave to appeal granted subject to the notice of appeal being filed within 14 days if it has not already been filed;

(2) Appeal allowed;

(3) The judgment of Ainslie Wallace DCJ set aside;

(4) In lieu thereof order that leave be granted to the appellant to commence proceedings against the respondent on the statement of claim filed in the District Court on 26 November 2001;

(5) The respondent to pay the appellant’s costs of the appeal, and of the motion in the District Court, but have a certificate under the Suitors Fund Act if qualified for the costs of the appeal.

IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

40611/02
DC 1037/02

MEAGHER ACJ
HANDLEY JA
YOUNG CJ in EQ

21 July 2003

WILLIAM MEALING v P CHAND T/as FASTFIX

Judgment

1 MEAGHER ACJ: I agree.

2 HANDLEY JA: This is an application for leave to appeal from a decision of Ainslie Wallace DCJ given on 3 July 2002. The case arises under s 151D of the Workers Compensation Act