Berowra Holdings Pty Ltd v Gordon

Workers' Compensation – Plaintiff did not comply with s 151C of the Workers Compensation Act 1987 (NSW) - Defendant did not take any point as to non-compliance until after it had made an offer of compromise pursuant to Pt 19A of the District Court Rules - Plaintiff accepted defendant's offer of compromise after the point as to non-compliance had been raised - Whether proceedings commenced by the plaintiff invalid or a nullity because of non-compliance with s 151C - Whether procedural steps taken by the parties under the District Court Rules invalid or nullities because of non-compliance with s 151C - Whether defendant entitled to an order that its offer of compromise be withdrawn - Whether the concept of waiver relevant.

Statutory construction – Where statute imposed a restriction upon the commencement of court proceedings but made no provision for consequences of non-compliance - Construction of s 151C of Workers Compensation Act 1987 (NSW).

Workers Compensation Act 1987 (NSW) – Pt 5, s 151C.