Rushton v Fehoko [2018] NSWDC 307

Rushton v Fehoko [2018] NSWDC 307

The plaintiff provided a full and satisfactory explanation for the delay in commencing proceedings as he was unaware of his rights until 3 May 2017 and affected by psychological illness; his previous lawyers were not relevant persons for this purpose, and a reasonable person in his position would have experienced similar delay; leave to commence proceedings out of time is granted.

Jurisdiction
Australia
Judgment Date
26 October 2018
Procedural Posture
Civil / Notice of Motion for Leave to Commence Proceedings Out of Time
Outcome
Leave granted to commence proceedings outside limitation period; defendant to pay plaintiff's costs.
Legal Topics
['limitation of Actions' 'motor Accidents Compensation' 'mental Harm' 'psychological Injury' 'application for Leave Out of Time']
['personal Injury' 'civil Procedure'] ['limitation of Actions' 'motor Accidents Compensation' 'mental Harm' 'psychological Injury' 'application for Leave Out of Time']

Case Brief

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Procedural Posture

Civil / Notice of Motion for Leave to Commence Proceedings Out of Time

Legal Issues

  1. 1 ['Whether the plaintiff provided a full and satisfactory explanation for the delay in commencing proceedings pursuant to s 109(3) of the Motor Accidents Compensation Act 1999']

Ratio Decidendi

The plaintiff provided a full and satisfactory explanation for the delay in commencing proceedings as he was unaware of his rights until 3 May 2017 and affected by psychological illness; his previous lawyers were not relevant persons for this purpose, and a reasonable person in his position would have experienced similar delay; leave to commence proceedings out of time is granted.

Court Disposition

Leave granted to commence proceedings outside limitation period; defendant to pay plaintiff's costs.

Orders

  • ['Finding that the plaintiff has provided a full and satisfactory explanation for the delay in commencing these proceedings.' 'Pursuant to s 109(3) of the Motor Accidents Compensation Act 1999, the plaintiff is granted leave to commence proceedings although out of time in relation to mental harm and psychological...