ONDROVCIK v ONDROVCIK [1999] NSWCA 325

ONDROVCIK v ONDROVCIK [1999] NSWCA 325

The claimant failed to provide a full and satisfactory explanation for the delay in giving notice required by statute, and his credibility was not accepted by the trial judge; therefore, leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
31 August 1999
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Decided
Outcome
Leave to appeal refused with costs
Legal Topics
['extension of Time' 'credibility' 'prejudice' 'motor Accidents Act 1988']
['motor Vehicle Accident' 'civil Procedure'] ['extension of Time' 'credibility' 'prejudice' 'motor Accidents Act 1988']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal Decided

Legal Issues

  1. 1 ['Whether the claimant provided a full and satisfactory explanation for failure to give notice within statutory time' 'Whether leave to appeal should be granted' 'Whether there was prejudice to the defendant' 'Whether futility applied to granting leave']

Ratio Decidendi

The claimant failed to provide a full and satisfactory explanation for the delay in giving notice required by statute, and his credibility was not accepted by the trial judge; therefore, leave to appeal was refused.

Court Disposition

Leave to appeal refused with costs

Orders

  • ['Leave to appeal refused' 'Claimant to pay costs']