Ibrahim v Frity [2023] NSWDC 169

Ibrahim v Frity [2023] NSWDC 169

The question of leave to commence proceedings pursuant to s 109 of the Motor Accidents Compensation Act 1999 (NSW) is to be determined as a separate interlocutory matter and not adjourned to be heard with the substantive proceedings, as required by the Act and supported by relevant judicial authority.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 May 2023
Procedural Posture
Civil / Interlocutory Motion Regarding Adjournment of Applications for Leave to Extend Time and Dismissal
Outcome
Plaintiff's application to adjourn was dismissed; issue of leave and dismissal is to proceed as a separate interlocutory matter; costs reserved; further directions listed.
Legal Topics
['adjournment' 'limitation of Actions' 'motor Accidents' 'procedural Rulings']
['civil Procedure'] ['adjournment' 'limitation of Actions' 'motor Accidents' 'procedural Rulings']

Source-derived case record

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Procedural Posture

Civil / Interlocutory Motion Regarding Adjournment of Applications for Leave to Extend Time and Dismissal

Legal Issues

  1. 1 ['Whether application for leave to extend time to commence proceedings under s 109 of Motor Accidents Compensation Act 1999 (NSW) and application to dismiss should be heard with the substantive proceeding or as a separate interlocutory matter']

Ratio Decidendi

The question of leave to commence proceedings pursuant to s 109 of the Motor Accidents Compensation Act 1999 (NSW) is to be determined as a separate interlocutory matter and not adjourned to be heard with the substantive proceedings, as required by the Act and supported by relevant judicial authority.

Court Disposition

Plaintiff's application to adjourn was dismissed; issue of leave and dismissal is to proceed as a separate interlocutory matter; costs reserved; further directions listed.

Orders

  • ["Dismiss the plaintiff's application to adjourn both the application for leave to commence proceedings and the defendant's application for dismissal of the proceedings already filed to the hearing of the substantive proceedings." 'The question of costs of this application is reserved.' 'Matter stood over before the...