A Canberra postal worker who was thrown from a faulty pallet truck in the 1990s has lost an opportunity to keep his injury compensation claim alive ... and will have to pay costs.
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It's now been more than 17 years since Rodney Francis Singles was injured while working at Australia Post's Canberra Mail Centre in Fyshwick.
Mr Singles was driving a pallet truck in July 1997, when it began to malfunction.
The truck stopped suddenly and the worker was thrown from the vehicle, causing injuries to his lower back, left hip and left knee.
He alleged the pallet truck was not serviced properly and filed a civil claim against Mander Forklift Pty Ltd, the company contracted by Australia Post for maintenance work.
The case came before the ACT Supreme Court but suffered extensive periods of inaction.
Eventually, due to a lack of progress and the introduction of new laws, the claim was automatically dismissed in July 2006, almost 10 years after the accident.
Mr Singles tried to get the case reinstated in 2012, but that attempt was thrown out by retired Supreme Court Master David Harper.
Master Harper found, among other things, that the delay would prejudice the forklift company and that a fair trial was not possible after 15 years.
But Mr Singles fought on, appealing the ruling. Even his appeal against the decision was submitted late.
The appeal, however, was successful, and Acting Justice John Nield gave new life to Mr Singles' compensation claim.
But Mr Singles' hopes were dashed on Wednesday, after a win by Mander Forklift in the ACT Court of Appeal.
That win overturned Acting Justice Nield's decision to allow the case to proceed.
The ACT Court of Appeal found the judge should have overturned the original appeal by Mr Singles, because his lawyers had not identified any "appealable error" in Master Harper's judgment.
"There was in this case no appealable error going to the exercise of the Master's discretion," the judges found.
"The primary judge was in error in concluding to the contrary."
The Court of Appeal set aside Acting Justice Nield's judgment and dismissed Mr Singles' appeal.
Mr Singles was ordered to pay the costs of Mander Forklift.