Bano v Lucic [2013] NSWDC 224

Bano v Lucic [2013] NSWDC 224

The plaintiff provided a full and satisfactory explanation for the delay in commencing proceedings, acted as a reasonable person would in her circumstances, and no significant prejudice to the defendant was demonstrated; therefore, leave to proceed should be granted.

Jurisdiction
Australia
Judgment Date
19 November 2013
Procedural Posture
Interlocutory Application / Contested Application for Leave to Proceed With Claim Filed Out of Time
Outcome
Plaintiff granted leave to maintain proceedings filed out of time; defendant's notice of motion dismissed; defendant to pay plaintiff's costs of both motions.
Legal Topics
['application for Leave to Proceed Out of Time' 'explanation of Delay' 'presumptive and Actual Prejudice' 'costs']
['limitation of Actions' 'civil Procedure' 'motor Accidents'] ['application for Leave to Proceed Out of Time' 'explanation of Delay' 'presumptive and Actual Prejudice' 'costs']

Case Brief

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Procedural Posture

Interlocutory Application / Contested Application for Leave to Proceed With Claim Filed Out of Time

Legal Issues

  1. 1 ['Whether the delay in plaintiff commencing proceedings has been fully and satisfactorily explained' 'Whether relevant prejudice to the defendant should result in refusal of leave for the plaintiff to proceed' 'Which party should pay costs']

Ratio Decidendi

The plaintiff provided a full and satisfactory explanation for the delay in commencing proceedings, acted as a reasonable person would in her circumstances, and no significant prejudice to the defendant was demonstrated; therefore, leave to proceed should be granted.

Court Disposition

Plaintiff granted leave to maintain proceedings filed out of time; defendant's notice of motion dismissed; defendant to pay plaintiff's costs of both motions.

Orders

  • ["The defendant's notice of motion filed on 13 March 2013 is dismissed." 'The plaintiff is granted leave to maintain the present proceedings commenced by statement of claim filed on 17 January 2013.' "The defendants are to pay the plaintiff's costs of both motions on the ordinary basis unless a party demonstrates...