Hickey's Transport Pty Limited v Ken Gordon [2008] NSWCA 167

Hickey's Transport Pty Limited v Ken Gordon [2008] NSWCA 167

Mr Gordon did not provide a full and satisfactory explanation for the delay in complying with the s 110 notice as required by the Motor Accidents Compensation Act 1999; the trial judge's credibility findings were not supported by sufficient evidence, particularly as Mr Gordon himself did not provide any direct explanation and contrary documentary evidence existed.

Jurisdiction
Australia
Judgment Date
08 August 2008
Procedural Posture
Application for Leave to Appeal and Appeal / Court of Appeal, Post Trial
Outcome
Appeal upheld; reinstatement application dismissed.
Legal Topics
['reinstatement of Claim' 'full and Satisfactory Explanation for Delay' 'mistake by Solicitors' 'review of Findings of Fact' 'credibility of Witnesses']
['motor Accidents Compensation' 'personal Injury'] ['reinstatement of Claim' 'full and Satisfactory Explanation for Delay' 'mistake by Solicitors' 'review of Findings of Fact' 'credibility of Witnesses']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Appeal / Court of Appeal, Post Trial

Legal Issues

  1. 1 ['Whether Mr Gordon provided a full and satisfactory explanation for non-compliance with s 110(1) notice under Motor Accidents Compensation Act 1999' "Whether the trial judge's findings based on solicitors' mistake and credibility should be upheld" 'Relevance of evidence and explanations provided for delay']

Ratio Decidendi

Mr Gordon did not provide a full and satisfactory explanation for the delay in complying with the s 110 notice as required by the Motor Accidents Compensation Act 1999; the trial judge's credibility findings were not supported by sufficient evidence, particularly as Mr Gordon himself did not provide any direct explanation and contrary documentary evidence existed.

Court Disposition

Appeal upheld; reinstatement application dismissed.

Orders

  • ['Application for leave to appeal is granted.' 'Appeal is upheld.' 'Orders made by Hungerford ADCJ are set aside.' "Mr Gordon's application to reinstate his claim is dismissed." 'Mr Gordon to pay the costs of the application for leave to appeal, the appeal, and the costs of the hearing before Hungerford ADCJ.' "Mr...