Kheyo v Iglesias [2020] NSWDC 323
Given the claimant's language difficulties, lack of experience, timely consultation of solicitors, and demonstrated reliance on their inquiries, a full and satisfactory explanation for the delay was provided; the delay was relatively short and justified; no evidence suggested earlier inquiry would have yielded different results.
- Jurisdiction
- Australia
- Judgment Date
- 17 June 2020
- Procedural Posture
- Civil / Application to Dismiss Proceeding for Late Claim Under Motor Accidents Compensation Act 1999 (nsw)
- Outcome
- Notice of Motion dismissed
- Legal Topics
- ['motor Accident' 'time Limitation' 'statutory Requirement to Bring Claim' 'full and Satisfactory Explanation for Delay' 'role of Claimant and Solicitors in Delay']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil / Application to Dismiss Proceeding for Late Claim Under Motor Accidents Compensation Act 1999 (nsw)
Legal Issues
- 1 ["Whether the plaintiff provided a 'full and satisfactory explanation' for the delay in making the claim" "Whether the delay was justified having regard to the plaintiff's circumstances and solicitor's conduct"]
Ratio Decidendi
Given the claimant's language difficulties, lack of experience, timely consultation of solicitors, and demonstrated reliance on their inquiries, a full and satisfactory explanation for the delay was provided; the delay was relatively short and justified; no evidence suggested earlier inquiry would have yielded different results.
Court Disposition
Notice of Motion dismissed
Orders
- ["The applicant is to pay the respondent's costs of the Motion"]
Full Case Text
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