Mulvihill v Coles Supermarkets Australia Pty Ltd

Mulvihill v Coles Supermarkets Australia Pty Ltd concerned an application by the plaintiff to proceed with workers compensation proceedings against Coles Supermarkets Australia Pty Ltd. The plaintiff sought leave to proceed with the claim under section 151D of the Workers Compensation Act 1987 (NSW) due to the defendant's failure to provide relevant documents within the prescribed period. The plaintiff argued that the defendant's failure constituted a reasonable excuse for the delay, and that this failure caused prejudice to the plaintiff's ability to effectively prosecute their claim.

The primary legal issue before the court was whether the defendant's failure to provide relevant documents within the prescribed period constituted a reasonable excuse under section 151D of the Act. The court also had to determine whether the plaintiff suffered prejudice as a result of this failure. Given the presumed prejudice under section 151D(4)(b) of the Act, the court examined whether the plaintiff's case met the criteria for granting leave to proceed.

The court found that the defendant's failure to provide relevant documents within the prescribed period constituted a reasonable excuse. The court noted that the defendant's conduct was not wilful or negligent, and there were no other factors that would render the defendant's failure unreasonable. The court further found that the plaintiff suffered presumed prejudice due to the defendant's failure to provide the documents within the prescribed period. As a result, the court granted the plaintiff leave to proceed with their workers compensation claim. The court also ordered that costs be costs in the cause.