CIVIL PROCEEDINGS — Felons (Civil Proceedings) Act 1981 — leave to commence proceedings — time limits under Limitation Act 1969 and Workers Compensation legislation
Quick Take
1Following Wilson v State Rail Authority of New South Wales [2010] NSWCA 198, the procedural requirements of Chapter 7 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW), including the 15% whole person impairment threshold, do not apply to common law claims for damages in respect of injuries received before 4 pm on 30 June 1987.
2Under s 5 of the Felons (Civil Proceedings) Act 1981 (NSW), leave to institute proceedings will be refused where the proposed claim is statute-barred under the Limitation Act 1969 (NSW) and ineligible for any extension of time, as there is no prima facie ground for proceedings that cannot be maintained and pursuing them would be an abuse of process.
3Where a plaintiff's knowledge of material facts of a decisive character, including receipt of appropriate legal advice, predates the filing of proceedings by more than the one-year extension available under s 58 of the Limitation Act 1969 (NSW), the limitation period cannot be extended to save the claim.
