The Court granted unopposed leave under s 151D of the Workers Compensation Act 1987 and s 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 to proceed against the Workers Compensation Nominal Insurer in lieu of the plaintiff's employer (in liquidation), where the approximately six-month delay was explained by the statutory pre-filing requirements and the employer's intervening liquidation. The Court also ordered a director of a non-compliant fifth defendant to attend for examination regarding failure to comply with a subpoena, with a conditional personal costs order against the director under r 42.27 UCPR.
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