This was an application for leave to take a step in a proceeding after more than two years. The underlying claim was by an employee against a superannuation fund and an employer. The employee claimed to have suffered a total and permanent disability injury. The employee was not covered by the superannuation fund’s policy because her initial contribution had not been received on time. The Court refused leave to proceed because, although there was an explanation for the delay (an error by the employee’s lawyers), the claim did not have any substantive merit.
Michael May appeared for the superannuation fund (the first and second defendants), instructed by McInnes Wilson.
Sean Russell appeared for the third defendant, instructed by Results Legal.
The judgment is available here.