Where a defendant unconditionally pays its share of a judgment against joint tortfeasors before appeal rights expire, this may trigger s 151Z(1)(b) of the Workers Compensation Act 1987 (NSW), potentially terminating the plaintiff's workers compensation entitlements regardless of the outcome of any appeal. A solicitor's failure to appreciate the consequences of a co-defendant's appeal may constitute an accepted, though unsatisfactory, explanation for delay in seeking an extension of time to appeal.
The full text is available to signed-in members, including the 1 later case that cites this judgment.