Karambelas v Zaknic [2014] NSWCA 187

Karambelas v Zaknic [2014] NSWCA 187

The trial judge may have applied the incorrect test regarding the relevant period for explanation, failing to confine it to the time from accident to claim, and did not give adequate reasons for rejecting the plaintiff’s lengthy explanation, warranting leave to appeal.

Jurisdiction
Australia
Judgment Date
05 June 2014
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Granted
Outcome
Leave to appeal granted
Legal Topics
['application for Leave to Appeal' 'motor Accident Claim' 'delay in Making Claim' 'explanation for Delay' 'dismissal of Proceedings']
['practice and Procedure' 'torts'] ['application for Leave to Appeal' 'motor Accident Claim' 'delay in Making Claim' 'explanation for Delay' 'dismissal of Proceedings']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal Granted

Legal Issues

  1. 1 ['Whether the primary judge applied the statute correctly in requiring an explanation for delay up to the date of proceedings' 'Whether reasons for rejecting the plaintiff’s explanation for delay were adequate' 'Whether inconsistent approaches exist between the Court of Appeal judgments']

Ratio Decidendi

The trial judge may have applied the incorrect test regarding the relevant period for explanation, failing to confine it to the time from accident to claim, and did not give adequate reasons for rejecting the plaintiff’s lengthy explanation, warranting leave to appeal.

Court Disposition

Leave to appeal granted

Orders

  • ['Grant leave to appeal.' 'Costs of the application for leave to appeal will be costs in the proceedings in this Court.']