Nikolis v State of New South Wales

The case of Nikolis v State of New South Wales involves a dispute concerning the plaintiff's entitlement to commence proceedings for damages related to a work injury outside of the statutory time limits, as allowed under section 151D of the Workers Compensation Act 1987 (NSW). The plaintiff sought leave to bring a claim for damages in the Supreme Court of New South Wales after the statutory period for initiating such claims had expired. The defendant, the State of New South Wales, contested the plaintiff's application for leave to proceed out of time.

The primary legal issue for the court to determine was whether the plaintiff had satisfied the criteria under section 151D of the Workers Compensation Act 1987 (NSW) to be granted leave to commence proceedings for damages out of time. The court needed to assess whether the plaintiff had made an application within the prescribed period, whether there was a satisfactory explanation for the delay, and whether it was just and equitable to grant the leave. The court also needed to consider the potential prejudice to the defendant if the plaintiff's application was granted.

The court held that the plaintiff had made her application for leave within the prescribed period and had provided a satisfactory explanation for the delay. The plaintiff's delay in lodging her claim was due to a combination of factors including the impact of the COVID-19 pandemic, difficulties in obtaining legal advice, and personal circumstances. The court found that it was just and equitable to grant leave, considering the plaintiff's explanation and the lack of prejudice to the defendant. Consequently, the court granted the plaintiff leave to commence proceedings out of time, and ordered that the matter be returned before the Judicial Registrar for Mention on a specified date. Additionally, the court directed that the costs of the notice of motion be paid by the plaintiff and that exhibits be returned forthwith and be in court.