The loss of a defendant's right to bring a cross-claim for contribution or indemnity against a third party, due to the expiry of limitation periods, constitutes obvious and significant prejudice that must be taken into account in applications for extension of time under s 151D(2) of the Workers Compensation Act 1987 (NSW). A trial judge's dismissal of this factor as not determinative amounts to an error of principle warranting appellate intervention.
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