State of NSW v Connor

The State of New South Wales (the appellant) sought to appeal an order of the Supreme Court of New South Wales that had granted leave to the respondent, Mr Connor, to commence proceedings under the *Workers Compensation Act 1987* (NSW) outside the prescribed limitation period. The dispute concerned the validity of that leave order, which the appellant argued should not have been granted. The appeal was heard by Sheller and Hodgson JJA, and Santow J.

The primary legal issue before the Court of Appeal was whether the primary judge had erred in granting Mr Connor leave to commence proceedings out of time. This involved considering the criteria for granting such leave under the relevant legislation and whether those criteria were satisfied in the circumstances of the case. The Court also had to determine the appropriate course of action given the appellant's challenge to the initial grant of leave.

The Court of Appeal found that the primary judge had erred in granting leave. Their Honours reasoned that the requirements for extending the limitation period had not been met. Consequently, the order granting leave to commence proceedings was set aside. The Court concluded that Mr Connor was therefore out of time to bring his claim.

The summons was dismissed with costs.