Young Lim Jeon v Sul (Jolie) Lyu [2011] NSWDC 145

Young Lim Jeon v Sul (Jolie) Lyu [2011] NSWDC 145

A reasonable person in the plaintiff's position—a young woman in a foreign country, unfamiliar with the language and law, in pain and shock, affected by misinformation and pressure to protect a friend—would be justified in experiencing the same delay. The explanation provided was full and satisfactory as required by the statute, and there was no claim of prejudice or inability to secure a fair trial. Relief should be granted.

Jurisdiction
Australia
Judgment Date
30 August 2011
Procedural Posture
Civil / Application for Leave to Commence Proceedings Out of Time
Outcome
Leave granted to commence proceedings; defendant to pay plaintiff's costs of the application.
Legal Topics
['limitation of Actions' 'leave to Commence Proceedings' 'explanation for Delay' 'misreporting of Injury Circumstances']
['personal Injury' 'motor Vehicle Accident'] ['limitation of Actions' 'leave to Commence Proceedings' 'explanation for Delay' 'misreporting of Injury Circumstances']

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Procedural Posture

Civil / Application for Leave to Commence Proceedings Out of Time

Legal Issues

  1. 1 ['Whether leave should be granted to commence proceedings out of time in respect of a motor vehicle accident claim' "Whether the plaintiff's explanation for delay was full and satisfactory under s 109(3) and s 66(2) of the Motor Accidents Compensation Act 1999" "Whether a reasonable person in the plaintiff's position would have experienced or been justified in experiencing the same delay" 'Public policy considerations arising from deception in misreporting injury circumstances']

Ratio Decidendi

A reasonable person in the plaintiff's position—a young woman in a foreign country, unfamiliar with the language and law, in pain and shock, affected by misinformation and pressure to protect a friend—would be justified in experiencing the same delay. The explanation provided was full and satisfactory as required by the statute, and there was no claim of prejudice or inability to secure a fair trial. Relief should be granted.

Court Disposition

Leave granted to commence proceedings; defendant to pay plaintiff's costs of the application.

Orders

  • ['Leave granted pursuant to s 109(1) of the Motor Accident Compensation Act 1999 to the plaintiff to commence proceedings in respect of the claim.' 'Statement of claim to be filed and served by 9 September 2011.' "Defendant to pay the plaintiff's costs of the application." 'Affidavit materials are returned.']