Paper Coaters Pty Limited v Jessop

The appeal concerned a dispute between Paper Coaters Pty Limited (appellant) and Jessop (respondent) regarding a claim for work injury damages. The primary issue revolved around the proper application of the pre-filing statement requirements under the *Workplace Injury Management and Workers Compensation Act 1998* (NSW) and the *Workers Compensation Act 1987* (NSW). The matter came before the Court of Appeal of New South Wales.

The court was required to determine whether a pre-filing statement served by the respondent was defective or incomplete, and consequently, whether the respondent could file successive pre-filing statements or withdraw an existing one. A further question was whether the service of a pre-filing statement, even if defective, could suspend the limitation period for bringing the claim.

The Court of Appeal held that a pre-filing statement, if found to be defective or incomplete, does not satisfy the requirements of the legislation and therefore does not operate to suspend the limitation period. The court reasoned that the legislative scheme contemplates a valid pre-filing statement as a prerequisite for the suspension of time. The court allowed the appeal, quashing the orders of the Judicial Registrar that had struck out parts of the appellant's defence and dismissing the respondent's notice of motion. The respondent was ordered to pay the appellant's costs.