Mohamad Alameddine v Nizar Alameddine t/as on Call Tree Services and Gardening Maintenance

Mohamad Alameddine brought an action against Nizar Alameddine, trading as On Call Tree Services and Gardening Maintenance, in the Local Court of New South Wales. The plaintiff alleged injuries sustained in the course of employment, which resulted in below-the-knee amputations of both legs. The dispute centred on the validity of the claim against the defendant's insurer, under the provisions of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW). The court had to determine whether the plaintiff's claim was within the limitation period and whether the defendant was an undischarged bankrupt at the time the claim was brought.

The primary legal issues were the applicability of section 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) and the determination of the limitation period for the plaintiff's workplace injury claim. The court also had to consider the date on which the injury was discoverable and whether the plaintiff's leave to commence proceedings against the insurer was valid. The court was required to assess whether the plaintiff's claim was statute-barred due to the defendant being an undischarged bankrupt and if the claim was brought within the requisite limitation period.

The Local Court held that the plaintiff's application for leave to commence proceedings against the insurer was valid, and the defendant's status as an undischarged bankrupt did not preclude the plaintiff from bringing the claim. The court found that the limitation period for the plaintiff's claim was a matter to be determined, and it was not yet clear if the claim was statute-barred. The court considered that the date of discoverability was an issue that needed to be resolved through further evidence. Consequently, the court granted an adjournment to allow the plaintiff to gather evidence on the limitation period.

No final orders were made by the court in this decision, as the adjournment was granted for the purpose of obtaining further evidence regarding the limitation period and the discoverability of the injury. The outcome of the case will depend on the evidence presented by the plaintiff on these matters.