Codazzi v Bangura [2017] NSWSC 1082

Codazzi v Bangura [2017] NSWSC 1082

A full and satisfactory explanation for delay was provided covering the period up to commencement, and the damages likely to be awarded exceed the statutory threshold. Leave granted to commence proceedings notwithstanding the expiration of the limitation period.

Jurisdiction
Australia
Judgment Date
16 August 2017
Procedural Posture
Limitation Application Motor Accident Personal Injury / Interlocutory Motion for Extension of Time to Commence Proceedings
Outcome
Leave granted to the plaintiff nunc pro tunc to commence proceedings pursuant to s 109 of the Motor Accidents Compensation Act 1999 (NSW).
Legal Topics
['extension of Time for Proceedings' 'satisfactory Explanation for Delay' 'motor Accidents Compensation Act 1999 (nsw) S 109']
['personal Injury' 'motor Vehicle Accidents' 'limitation of Actions'] ['extension of Time for Proceedings' 'satisfactory Explanation for Delay' 'motor Accidents Compensation Act 1999 (nsw) S 109']

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Procedural Posture

Limitation Application Motor Accident Personal Injury / Interlocutory Motion for Extension of Time to Commence Proceedings

Legal Issues

  1. 1 ['Whether the plaintiff has provided a full and satisfactory explanation for the delay in commencing proceedings under s 109 of the Motor Accidents Compensation Act 1999 (NSW)' 'Whether damages likely to be awarded would meet the statutory threshold (25% of non-economic loss limit)']

Ratio Decidendi

A full and satisfactory explanation for delay was provided covering the period up to commencement, and the damages likely to be awarded exceed the statutory threshold. Leave granted to commence proceedings notwithstanding the expiration of the limitation period.

Court Disposition

Leave granted to the plaintiff nunc pro tunc to commence proceedings pursuant to s 109 of the Motor Accidents Compensation Act 1999 (NSW).

Orders

  • ['Leave is granted to the Plaintiff nunc pro tunc to commence these proceedings pursuant to s 109 of the Motor Accidents Compensation Act 1999 (NSW) by Statement of Claim filed 18 August 2016, as sought in the Motion filed 3 February 2017.' 'Costs of the Motion are to be costs in the cause.' 'Defence to be filed...