Grace v Dennis [2019] NSWDC 421

Grace v Dennis [2019] NSWDC 421

The plaintiff's explanation was full and satisfactory because she gave a sufficient account of her conduct, knowledge, beliefs and actions across each period of delay, had no actual knowledge of the limitation requirement or that leave was required until after the CARS process and consultation with her present solicitor, reasonably relied on her solicitor husband and later solicitors, and was affected by significant physical, psychological, family and domestic difficulties. A reasonable person in her position would have been justified in experiencing the same delay. The defendant conceded the damages threshold and raised no material prejudice preventing a fair trial.

Jurisdiction
Australia
Judgment Date
15 August 2019
Procedural Posture
Civil Summons Seeking Leave to Commence Motor Accident Damages Proceedings Out of Time / Application for Leave Under S 109(1) of the Motor Accidents Compensation Act 1999 (nsw)
Outcome
Leave granted to file a statement of claim to institute and maintain proceedings claiming damages for injuries sustained in the motor vehicle accident on 6 February 2012; defendant to pay the plaintiff's costs of the summons on the ordinary basis unless otherwise ordered.
Legal Topics
['leave to Commence Proceedings Out of Time' 'full and Satisfactory Explanation for Delay' 'motor Vehicle Accident Damages Claim' 'statutory Damages Threshold' 'absence of Prejudice']
['limitation of Actions' 'motor Accidents Compensation' 'negligence' 'civil Procedure'] ['leave to Commence Proceedings Out of Time' 'full and Satisfactory Explanation for Delay' 'motor Vehicle Accident Damages Claim' 'statutory Damages Threshold' 'absence of Prejudice']

Case Brief

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Procedural Posture

Civil Summons Seeking Leave to Commence Motor Accident Damages Proceedings Out of Time / Application for Leave Under S 109(1) of the Motor Accidents Compensation Act 1999 (nsw)

Legal Issues

  1. 1 ['Whether the plaintiff provided a full and satisfactory explanation for the delay in commencing proceedings under s 109(3)(a) of the Motor Accidents Compensation Act 1999 (NSW).' 'Whether the total damages likely to be awarded would exceed the applicable statutory threshold amount of $112,000.' 'Whether the defendant would suffer material or significant prejudice preventing a fair trial or precluding leave.']

Ratio Decidendi

The plaintiff's explanation was full and satisfactory because she gave a sufficient account of her conduct, knowledge, beliefs and actions across each period of delay, had no actual knowledge of the limitation requirement or that leave was required until after the CARS process and consultation with her present solicitor, reasonably relied on her solicitor husband and later solicitors, and was affected by significant physical, psychological, family and domestic difficulties. A reasonable person in her position would have been justified in experiencing the same delay. The defendant conceded the damages threshold and raised no material prejudice preventing a fair trial.

Court Disposition

Leave granted to file a statement of claim to institute and maintain proceedings claiming damages for injuries sustained in the motor vehicle accident on 6 February 2012; defendant to pay the plaintiff's costs of the summons on the ordinary basis unless otherwise ordered.

Orders

  • ['Pursuant to s 109(1) of the Motor Accidents Compensation Act 1999 (NSW), the plaintiff is granted leave to file a statement of claim to institute and to maintain proceedings claiming damages as compensation for the injuries she sustained in a motor vehicle accident on 6 February 2012.' "The proposed statement of...