NSW Police Force v Chapman

[2010] NSWWCCPD 67

WORKERS COMPENSATION COMMISSION
DETERMINATION OF AN APPLICATION TO STRIKE OUT A PRE-FILING STATEMENT
CITATION:		NSW Police Force v Chapman [2010] NSWWCCPD 67
APPLICANT DEFENDANT:		NSW Police Force
RESPONDENT CLAIMANT:		Owen Chapman
FILE NUMBER:		WCC 3389-10
DATE OF DECISION:		28 June 2010
SUBJECT MATTER OF DECISION:		Application to strike out pre-filing statement; section 151DA of the Workers Compensation Act 1987
PRESIDENTIAL MEMBER:		President Judge Keating
HEARING:		25 June 2010
REPRESENTATION:		Applicant Defendant:			DLA Phillips Fox
Respondent Claimant:			Oates & Smith
ORDERS MADE ON APPLICATION:		Pursuant to section 151DA of the Workers Compensation Act 1987, the claimant’s Pre-Filing Statement is struck out by consent.
Each party has agreed to bear its own costs of this Application.

BACKGROUND TO THE APPLICATION

1. Owen Chapman (‘the claimant’) alleges he sustained psychological injury during the course of his employment with the New South Wales Police Force (‘the defendant’). The claimant served a Pre-Filing Statement dated 31 March 2009 alleging psychological injuries arising from incidents which occurred on 17 March 1995, 1996/1997 and 12 September 2000.

2. The defendant filed a Pre-Filing Defence on 11 May 2009. The defendant wholly denies liability.

3. The parties participated in a mediation on 14 May 2009, which failed to resolve the matter.

4. The claimant has taken no active steps to progress the matter since 14 August 2009.

5. On 27 April 2010, the defendant filed an Application to Strike Out the Pre-Filing Statement pursuant to section 151DA(3) of the Workers Compensation Act 1987 (‘the 1987 Act’).

6. On 30 April 2010, the Commission made the following orders:

   (1.1)By 14/5/10, the Defendant is to serve on the Claimant a sealed copy of this application containing the direction.

   (1.2)By 21/5/10, the Defendant is to lodge with the Commission a Certificate of Service (Form 11A) certifying service of the application and standard direction on the Claimant.

   (1.3)By 11/6/10, the Claimant is to lodge with the Commission and serve on the Defendant a Notice of Opposition (Form 11F) and supporting documentation.

   (1.4)By 18/6/10, the Claimant is to lodge with the Commission a Certificate of Service (Form 11A) certifying service of the Notice of Opposition (Form 11F) and supporting documentation.

   (1.5)By 18/6/10, the Defendant is to lodge with the Commission and serve on the Claimant any submissions in reply.

7. The claimant failed to respond to the orders requiring the filing and service of a Notice of Opposition to the Application.

1. I caused the matter to be listed for a telephone directions hearing on 25 June 2010.

2. I am informed that the claimant has elected to preserve his workers compensation rights. He does not intend to pursue this action for work injury damages.

3. The claimant consents to the defendant’s Application to Strike Out his Pre-Filing Statement.

4. The parties are agreed that each party pay its own costs of the Application.

ORDERS MADE ON APPLICATION

1. Pursuant to section 151DA of the Workers Compensation Act 1987, the claimant’s Pre-Filing Statement is struck out by consent.

2. Each party has agreed to bear its own costs of this Application.

His Honour Judge Greg Keating

President

28 June 2010

I, MARIE JOHNS, CERTIFY THAT THIS IS A TRUE AND ACCURATE RECORD OF THE REASONS FOR THE DECISION OF HIS HONOUR JUDGE KEATING, PRESIDENT OF THE WORKERS COMPENSATION COMMISSION.

ASSOCIATE