Scaltrito v NRMA Insurance Ltd

The Supreme Court of New South Wales, Court of Appeal, heard an appeal in *Scaltrito v NRMA Insurance Ltd*. The dispute concerned an application for leave to commence proceedings for damages for a workplace injury outside the statutory time limit. The worker sought to bring a claim for common law damages for an injury sustained prior to the commencement of amendments to the *Workers Compensation Act 1987* (NSW) and the *Workplace Injury Management and Workers Compensation Act 1998* (NSW).

The primary legal issues before the Court of Appeal were whether the worker had discharged the onus of proof to demonstrate that it was fair and just to grant an extension of time to commence proceedings, and whether the worker had established a viable cause of action. The Court also considered the retrospective application of the 1998 Act and its impact on the worker's ability to pursue a claim, particularly in light of potential prejudice to the insurer that might prevent a fair trial.

The Court of Appeal affirmed the principles governing the exercise of discretion under section 151D of the *Workers Compensation Act 1987*. It held that the onus rests on the worker to provide a satisfactory explanation for the delay and to demonstrate that granting leave would be fair and just. Crucially, the Court reiterated that leave should not be granted if the delay would cause prejudice to the respondent that would prevent a fair trial. Furthermore, the worker must establish a prima facie case, demonstrating the viability of their cause of action. The Court found that the worker had failed to meet these requirements, and the appeal was therefore dismissed.