Hawchar v Marshall [2020] NSWDC 719

The plaintiff failed to provide a full and satisfactory explanation for the delay in commencing proceedings as required by s 109(3)(a) of the Motor Accidents Compensation Act 1999 (NSW), due to unexplained gaps in evidence about his and his solicitors' conduct. Therefore, leave to commence proceedings out of time was refused.

Jurisdiction: Australia
Judgment Date: 20 November 2020
Procedural Posture: Civil / Notice of Motion for Leave to Commence Proceedings Outside Limitation Period
Outcome: Application dismissed; costs awarded to defendant.
Legal Topics: ['leave to File Claim Out of Time' 'limitation Period Under Motor Accidents Compensation Act' 'monetary Threshold for Damages']

['personal Injury' 'motor Vehicle Accidents' 'limitation of Actions'] ['leave to File Claim Out of Time' 'limitation Period Under Motor Accidents Compensation Act' 'monetary Threshold for Damages']

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Procedural Posture

Civil / Notice of Motion for Leave to Commence Proceedings Outside Limitation Period

Legal Issues

1 ['Whether the plaintiff provided a full and satisfactory explanation for the delay in commencing proceedings as required by s 109(3)(a) of the Motor Accidents Compensation Act 1999 (NSW)' 'Whether the likely damages exceed the monetary threshold under s 109(3)(b) of the Motor Accidents Compensation Act 1999 (NSW)']

Ratio Decidendi

Court Disposition

Application dismissed; costs awarded to defendant.

Orders

['Notice of Motion filed on 21 July 2020 is dismissed.' "The plaintiff is to pay the defendant's costs of the Motion."]