Tom Atie v Dennis Tonacio [2012] NSWSC 156

Tom Atie v Dennis Tonacio [2012] NSWSC 156

A reasonable person in the plaintiff's position, being a labourer with limited formal education whose experience and ongoing entitlements related to workers compensation, would not have been prompted by this unusual incident to appreciate or investigate a separate motor accident claim under the Motor Accidents Act 1999 before consulting solicitors. The plaintiff therefore provided a full and satisfactory explanation for the relevant delay.

Jurisdiction
Australia
Judgment Date
05 March 2012
Procedural Posture
Common Law Proceeding Concerning a Motor Accident Claim / Fourth Defendant's Motion to Dismiss the Proceedings as Against Him Pursuant to Section 73(5) of the Motor Accidents Act 1999
Outcome
Motion dismissed.
Legal Topics
['late Notice of Motor Accident Claim' 'full and Satisfactory Explanation for Delay' 'dismissal Motion Under Motor Accidents Act 1999']
['personal Injury' 'motor Accidents' 'civil Procedure'] ['late Notice of Motor Accident Claim' 'full and Satisfactory Explanation for Delay' 'dismissal Motion Under Motor Accidents Act 1999']

Case Brief

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Procedural Posture

Common Law Proceeding Concerning a Motor Accident Claim / Fourth Defendant's Motion to Dismiss the Proceedings as Against Him Pursuant to Section 73(5) of the Motor Accidents Act 1999

Legal Issues

  1. 1 ['Whether the plaintiff provided a full and satisfactory explanation for the delay in making the claim under the Motor Accidents Act 1999.' 'Whether a satisfactory explanation was given for the failure to notify the claim between 21 February 2009 and 5 November 2010.']

Ratio Decidendi

A reasonable person in the plaintiff's position, being a labourer with limited formal education whose experience and ongoing entitlements related to workers compensation, would not have been prompted by this unusual incident to appreciate or investigate a separate motor accident claim under the Motor Accidents Act 1999 before consulting solicitors. The plaintiff therefore provided a full and satisfactory explanation for the relevant delay.

Court Disposition

Motion dismissed.

Orders

  • ['The plaintiff has provided a full and satisfactory explanation for the delay in making the claim.' 'The motion is dismissed.' 'Liberty to apply in respect of costs.']