The District Court handed down the judgement on 10 June. Photo: J Bar/Wikipedia.
Please note: Krygers Transport was purchased by Krygers Pty Ltd in January 2024. Krygers Pty Ltd operates as Krygers Logistics. Krygers Logistics is not affiliated to the previous owners of Krygers Transport Pty Ltd.
A Wagga man who formerly worked as a truck driver and underwent seven surgeries after a horrific workplace accident has won the right to pursue a damages claim against his former employer, Gundagai-based freight company Krygers Transport Pty Ltd.
Guy Stackman suffered serious injuries to his right leg and ankle in October 2018 when his foot slipped from the top step of a truck as he was climbing down. He fell to the ground and required emergency surgery.
According to a published NSW District Court judgment, he was initially treated at Bankstown Hospital before being transferred to Wagga Wagga, where he underwent further operations. Over the following years he endured seven surgeries, lengthy rehabilitation and ongoing pain.
Mr Stackman later retrained and found work as an assistant in nursing, but continued to experience complications from his injuries. He eventually became unable to continue working and told the court the pain and treatment had taken a toll on his mental health and family relationships.
His case recently came before the NSW District Court after he sought permission to sue his former employer despite missing the normal three-year deadline for workplace injury claims.
Under NSW law, injured workers generally have three years to commence court proceedings against an employer. However, courts can grant extensions in certain circumstances.
Mr Stackman argued he was unable to bring the claim sooner because he continued undergoing treatment and surgery for years after the accident, while also navigating the workers’ compensation process, including assessments of his permanent impairment.
The court heard he had remained in regular contact with his lawyers and had followed their advice throughout the process.
Judge Russell SC accepted that explanation, finding there had been no deliberate delay and that Mr Stackman had acted diligently in pursuing his claim.
“The plaintiff has provided an adequate explanation for delay,” the judge ruled.
“He could not have commenced these proceedings earlier than he did, because of the need to comply with the hoops and hurdles of the workers’ compensation legislation.
“There was no deliberate decision to delay the commencement of proceedings. The plaintiff has been diligent in taking legal advice and giving instructions to pursue his claim.”
The judge also noted Krygers Transport had been aware of the injury from the outset and had not argued it would be disadvantaged by the late filing.
The company neither consented to nor opposed Mr Stackman’s application for an extension of time.
Judge Russell found it was still possible for the matter to receive a fair hearing and granted Mr Stackman permission to proceed.
The ruling did not determine whether Krygers Transport was negligent or whether the former truck driver is entitled to damages. Instead, it allows his claim to proceed through the courts despite being filed outside the usual time limit.
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