Sanders v D&L Heavy Haulage Pty Ltd [2014] NSWSC 663

Sanders v D&L Heavy Haulage Pty Ltd [2014] NSWSC 663

Because the parties agreed that the requirements of s 109 had been complied with, including as to delay and the likely non-economic loss threshold, and the evidence supported that common position, the Court exercised its discretion to grant Mr Sanders leave to commence proceedings against Mark O'Keefe and Mark A O'Keefe Pty Ltd.

Jurisdiction
Australia
Judgment Date
23 May 2014
Procedural Posture
Notice of Motion for Leave to Commence Proceedings for Personal Injury Damages Arising From a Motor Vehicle Accident / Procedural Ruling
Outcome
Leave granted to the plaintiff to commence proceedings against Mark O'Keefe and Mark A O'Keefe Pty Ltd; costs to be costs in the cause; matter adjourned to the date fixed before the Registrar in July.
Legal Topics
['leave to Commence Proceedings' 'motor Vehicle Accident' 'delay in Bringing Proceedings' 'non Economic Loss Threshold' 'costs in the Cause']
['procedure' 'motor Accidents Compensation' 'personal Injury'] ['leave to Commence Proceedings' 'motor Vehicle Accident' 'delay in Bringing Proceedings' 'non Economic Loss Threshold' 'costs in the Cause']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion for Leave to Commence Proceedings for Personal Injury Damages Arising From a Motor Vehicle Accident / Procedural Ruling

Legal Issues

  1. 1 ["Whether leave should be granted under s 109(1) of the Motor Accidents Compensation Act 1999 (NSW) to commence proceedings against Mark O'Keefe and Mark A O'Keefe Pty Ltd." 'Whether the requirements of s 109, including explanation for delay and likely damages threshold by reference to Section 134, were satisfied.']

Ratio Decidendi

Because the parties agreed that the requirements of s 109 had been complied with, including as to delay and the likely non-economic loss threshold, and the evidence supported that common position, the Court exercised its discretion to grant Mr Sanders leave to commence proceedings against Mark O'Keefe and Mark A O'Keefe Pty Ltd.

Court Disposition

Leave granted to the plaintiff to commence proceedings against Mark O'Keefe and Mark A O'Keefe Pty Ltd; costs to be costs in the cause; matter adjourned to the date fixed before the Registrar in July.

Orders

  • ["Leave granted to Mr Sanders to commence proceedings against Mark O'Keefe and Mark A O'Keefe Pty Ltd in respect of his claim for damages for personal injuries arising from the motor vehicle accident in which he was involved on 30 May 2009." 'Costs are to be costs in the cause.' 'The matter is adjourned accordingly...