Aeiveri v Boland [2012] NSWDC 141

Aeiveri v Boland [2012] NSWDC 141

The plaintiff provided a full and satisfactory explanation for the delay in commencing proceedings, satisfying s 109(3)(a) of the MAC Act, and is likely to recover damages in excess of $95,250 as required by s 109(3)(b). Therefore, leave to commence proceedings is granted.

Jurisdiction
Australia
Judgment Date
10 September 2012
Procedural Posture
Civil / Application for Leave to Commence Proceedings Out of Time
Outcome
Leave granted; hybrid costs order
Legal Topics
['limitation of Actions' 'leave to Commence Proceedings Out of Time' 'damages Assessment']
['personal Injury' 'motor Accidents'] ['limitation of Actions' 'leave to Commence Proceedings Out of Time' 'damages Assessment']

Case Brief

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Procedural Posture

Civil / Application for Leave to Commence Proceedings Out of Time

Legal Issues

  1. 1 ['Whether plaintiff provided a full and satisfactory explanation for delay in commencing proceedings under s 109(3)(a) Motor Accidents Compensation Act 1999' 'Whether likely damages to be awarded exceed 25% threshold under s 109(3)(b) Motor Accidents Compensation Act 1999']

Ratio Decidendi

The plaintiff provided a full and satisfactory explanation for the delay in commencing proceedings, satisfying s 109(3)(a) of the MAC Act, and is likely to recover damages in excess of $95,250 as required by s 109(3)(b). Therefore, leave to commence proceedings is granted.

Court Disposition

Leave granted; hybrid costs order

Orders

  • ['Leave is granted to the plaintiff to commence proceedings to claim damages for personal injury arising from the motor vehicle accident on 22 November 2007, pursuant to s 109 MAC Act.' 'The plaintiff is to pay his own costs incurred in filing the summons up to 5 June 2012.' "The defendant is to pay the plaintiff's...