Where the Workers Compensation Act imposes barriers (such as the 15% permanent impairment threshold) that prevent a plaintiff from bringing a work injury damages claim within the limitation period, the discretion to extend time under s 151D(2) is highly influenced by the apparent merit of the claim, the degree of prejudice, and whether the plaintiff gave early notice of an intention to claim damages; the inability to bring the claim within time does not of itself compel an extension.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.