Linda Joy Crawshaw v Natasha Coxon [2018] NSWDC 92

Linda Joy Crawshaw v Natasha Coxon [2018] NSWDC 92

Both requirements under s 109(3) MACA were met: the plaintiff provided a full and satisfactory explanation for delay, previously accepted by the insurer and validated by the Court, and the predictive assessment of damages, taking the evidence at its highest, evidenced a real prospect of exceeding the threshold of...

Source-derived case information.

Parties
Plaintiff: Linda Joy Crawshaw; Defendant: Natasha Coxon
Jurisdiction
Australia
Judgment Date
13 April 2018
Procedural Posture
Civil Motor Vehicle Accident/damages / Interlocutory; Application for Leave to Commence Proceedings Out of Time
Outcome
Leave granted to the plaintiff to commence proceedings out of time. Defendant's Notice of Motion dismissed. Each party to pay its own costs in relation to the Notice of Motion. No order as to costs on the Summons.
Legal Topics
Motor Vehicle Accident Claims, Limitation of Actions, Personal Injury, Leave to Proceed Out of Time, Predictive Assessment of Damages
Tort Law Civil Procedure Motor Vehicle Accident Claims Limitation of Actions Personal Injury Leave to Proceed Out of Time Predictive Assessment of Damages

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Summary, issues, holding and outcome

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Parties

Linda Joy Crawshaw

Plaintiff

Natasha Coxon

Defendant

Procedural Posture

Civil Motor Vehicle Accident/damages / Interlocutory; Application for Leave to Commence Proceedings Out of Time

Legal Issues

  1. 1 Whether leave should be granted to commence proceedings out of time under s 109(1) Motor Accidents Compensation Act 1999 (NSW)
  2. 2 Whether plaintiff provided a full and satisfactory explanation for delay in bringing claim
  3. 3 Whether plaintiff likely to satisfy the statutory damages threshold under s 109(3)(b) MACA

Ratio Decidendi

Both requirements under s 109(3) MACA were met: the plaintiff provided a full and satisfactory explanation for delay, previously accepted by the insurer and validated by the Court, and the predictive assessment of damages, taking the evidence at its highest, evidenced a real prospect of exceeding the threshold of $112,500.00. Leave to commence proceedings out of time was granted nunc pro tunc, and the defendant's motion to strike out was dismissed.

Court Disposition

Leave granted to the plaintiff to commence proceedings out of time. Defendant's Notice of Motion dismissed. Each party to pay its own costs in relation to the Notice of Motion. No order as to costs on the Summons.

Orders

  • Leave granted to plaintiff to commence proceedings for damages for personal injuries arising from motor vehicle accident on 20 October 2011, nunc pro tunc, by filing Statement of Claim on 30 November 2017.
  • Defendant's Notice of Motion filed 22 December 2017 dismissed.