Uniting Church in Australia Property Trust (NSW) t/as Woodfield Retirement Village v Judith Lea

The appellant, Uniting Church in Australia Property Trust (NSW) trading as Woodfield Retirement Village, appealed to the Court of Appeal of New South Wales against an order made by Dodd DCJ. The dispute concerned an application by the respondent, Judith Lea, for leave to file an ordinary statement of claim and for an extension of time to commence proceedings against the appellant, claiming damages at common law under the *Workers Compensation Act 1987* (NSW).

The primary legal issue before the Court of Appeal was whether Dodd DCJ had wrongly exercised his discretion under s 151D of the *Workers Compensation Act 1987* in granting the respondent leave to file an ordinary statement of claim and extend time. This involved determining whether the respondent had established that the justice of the case required such an order, particularly in light of the appellant's contention that prejudice would result from the respondent's delay in bringing the claim. The court also considered the onus of proof in such applications and the specific prejudice alleged by the appellant, namely the inability to call witnesses due to the respondent's delay.

The Court of Appeal found that Dodd DCJ had erred in his exercise of discretion. The court reasoned that the respondent had failed to demonstrate that the justice of the case required the granting of leave and an extension of time. Crucially, the court determined that the appellant would suffer prejudice due to the respondent's delay, specifically the inability to call key witnesses. This prejudice was considered significant enough to outweigh any considerations favouring the respondent.

Consequently, the appeal was upheld. The orders made by Dodd DCJ were set aside, and the respondent's application for leave to file an ordinary statement of claim and for an extension of time was refused. The respondent was ordered to pay the appellant's costs of the proceedings below and the appeal.