Ellis v Reko Pty Limited [2009] NSWDC 288

Ellis v Reko Pty Limited [2009] NSWDC 288

The applicant failed to provide a full and satisfactory explanation for the delay in commencing proceedings as required by s109 of the Motor Accidents Compensation Act 1999, as mere notification of a workers compensation claim does not discharge this onus.

Parties
Plaintiff: Christopher Ellis; Defendant: Reko Pty Limited
Jurisdiction
Australia
Judgment Date
04 November 2009
Procedural Posture
Civil / Interlocutory Application for Leave to Commence Proceedings Out of Time
Outcome
Application dismissed
Legal Topics
Motor Accidents Compensation, Limitation Periods, Workers Compensation
Tort Law Statutory Limitation Motor Accidents Compensation Limitation Periods Workers Compensation

Case Brief

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Parties

Christopher Ellis

Plaintiff

Reko Pty Limited

Defendant

Procedural Posture

Civil / Interlocutory Application for Leave to Commence Proceedings Out of Time

Legal Issues

  1. 1 Whether the applicant provided a full and satisfactory explanation for the delay in commencing proceedings under s109 of the Motor Accidents Compensation Act 1999

Ratio Decidendi

The applicant failed to provide a full and satisfactory explanation for the delay in commencing proceedings as required by s109 of the Motor Accidents Compensation Act 1999, as mere notification of a workers compensation claim does not discharge this onus.

Court Disposition

Application dismissed

Orders

  • The Notice of Motion is dismissed.
  • The plaintiff is to pay the defendant's costs.