Andrew Goodman v Impact Hire Australia [2007] NSWDC 272

Andrew Goodman v Impact Hire Australia [2007] NSWDC 272

The extension of time is granted because, although the court would not adopt the plaintiff's interpretation of the legislation, it cannot exclude the possibility that another tribunal may take a different view, making the plaintiff's case not clearly untenable. Therefore, leave to commence proceedings against the Nominal Defendant is appropriate.

Jurisdiction
Australia
Judgment Date
12 October 2007
Procedural Posture
Civil / Application for Extension of Time to Commence Proceedings Against Nominal Defendant
Outcome
Extension of time granted; leave granted to commence proceedings against the Nominal Defendant within 28 days; plaintiff to pay Nominal Defendant's costs of Notice of Motion.
Legal Topics
['third Party Motor Vehicle Insurance' 'extension of Limitation Period' 'motor Accidents Compensation Act 1999']
['insurance Law' 'personal Injury Law'] ['third Party Motor Vehicle Insurance' 'extension of Limitation Period' 'motor Accidents Compensation Act 1999']

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Procedural Posture

Civil / Application for Extension of Time to Commence Proceedings Against Nominal Defendant

Legal Issues

  1. 1 ['Whether the plaintiff should be granted an extension of time under s 109 of the Motor Accidents Compensation Act 1999 to commence proceedings against the Nominal Defendant' "Whether the interpretation of 'use or operation' of a motor vehicle under s 3 of the Act supports the plaintiff's claim against the Nominal Defendant"]

Ratio Decidendi

The extension of time is granted because, although the court would not adopt the plaintiff's interpretation of the legislation, it cannot exclude the possibility that another tribunal may take a different view, making the plaintiff's case not clearly untenable. Therefore, leave to commence proceedings against the Nominal Defendant is appropriate.

Court Disposition

Extension of time granted; leave granted to commence proceedings against the Nominal Defendant within 28 days; plaintiff to pay Nominal Defendant's costs of Notice of Motion.

Orders

  • ['Leave is granted to commence proceedings against the Nominal Defendant within 28 days.' "Plaintiff to pay Nominal Defendant's costs of Notice of Motion."]