Clark v Bundaberg Sugar Ltd & WorkCover Queensland [2001] QSC 307

'• State Reporting Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J No 89 of 2001 TREVOR HOWARD CLARK and BUNDABERG SUGAR LTD and WORKCOVER QUEENSLAND CAIRNS .. DATE 02/08/2001 JUDGMENT Applicant First Respondent Second Respondent 1 4Th Floor The Law Courts Complex George Street. Brisbane Q. 4000, Telephone: /07} 3247 4360, Facsimile: I07} 3247 5532 -- 1 of 2 -- 02082001 Tl/AW M/T CNS2/2001 (Jones J) HIS HONOUR: Yes. This is an application on behalf of Trevor Howard Clark who wishes to commence proceedings against his former employer and WorkCover Queensland in respect of a work related injury which he alleges occurred on 3 August 1995. The application is brought pursuant to section 305 of the Work Cover Act for leave to commence the application because of the imminent expiration of the period of limitation. The material before me satisfies me that the applicant has suffered a work related injury. It is a noncertified injury which has been recognised by the payment of statutory benefits. The applicant is in a position of having the right, under the Act, to bring a claim for damages. The attitude of WorkCover Queensland, represented by solicitors before me, is that they are not in a position to consent to the terms of the order proposed, but nor is any opposition raised to it. In those circumstances I am satisfied that leave ought to be granted, firstly for the bringing of the application for the abridgement of time, and secondly pursuant to section 305 of the Work Cover Act to institute proceedings despite the noncompliance with section 280 of the Act. I make orders in terms of the draft initialled by me and placed with the papers. 2 JUDGMENT 10 20 30 -- 2 of 2 --