State of NSW (Illawarra Shoalhaven Local Health District) v Bosevski

The applicant, Illawarra Shoalhaven Local Health District, sought an order to strike out a pre-filing statement provided by the respondent, Mr Bosevski, prior to his initiating proceedings for workers compensation. The application was heard in the Industrial Division of the NSW Supreme Court. Mr Bosevski's claim was based on an injury sustained during his employment with the Health District, and the pre-filing statement was intended to outline the nature of his claim and the evidence supporting it.

The central legal issue was whether the pre-filing statement complied with the requirements of section 151DA of the Workers Compensation Act 1987. This section mandates that a pre-filing statement must contain sufficient particulars to inform the respondent of the nature and circumstances of the claim. The court had to determine whether Mr Bosevski’s statement met these statutory requirements.

The court found that Mr Bosevski’s pre-filing statement was insufficient in detail and lacked the necessary particulars to inform the Health District of the specifics of his claim. The statement did not adequately describe the nature of the injury or the circumstances leading to it, nor did it provide sufficient evidence to support the claim. As such, the court held that the pre-filing statement did not comply with the statutory requirements and granted the Health District’s application to strike it out. The court did not make any order regarding costs.

The final orders of the court were that Mr Bosevski’s pre-filing statement was to be struck out in accordance with section 151DA of the Workers Compensation Act 1987, and no order was made as to costs.