SERHAN v SERHAN [1996] NSWCA 470

SERHAN v SERHAN [1996] NSWCA 470

The respondent failed to comply with the mandatory obligations under s48(3) of the Motor Accidents Act 1988 to provide particulars of economic loss, and no reasonable excuse for this non-compliance was made out; therefore, the proceedings could not be validly commenced and the statement of claim must be struck out.

Parties
Appellant: Serhan; Respondent: Serhan
Jurisdiction
Australia
Judgment Date
05 August 1996
Procedural Posture
Application for Leave to Appeal (and, If Leave Granted, Appeal) / Court of Appeal Decision on Application for Leave and Appeal
Outcome
Leave granted; appeal upheld; statement of claim struck out.
Legal Topics
Motor Vehicle Accidents, Duties of Co Operation, Provision of Particulars, Compliance With Statutory Obligations
Tort Law Insurance Law Civil Procedure Motor Vehicle Accidents Duties of Co Operation Provision of Particulars Compliance With Statutory Obligations

Case Brief

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Parties

Serhan

Appellant

Serhan

Respondent

Procedural Posture

Application for Leave to Appeal (and, If Leave Granted, Appeal) / Court of Appeal Decision on Application for Leave and Appeal

Legal Issues

  1. 1 Whether the respondent provided sufficient information to the insurer to comply with s48(3) of the Motor Accidents Act 1988
  2. 2 Whether there was a reasonable excuse for the respondent's failure to comply with the request for particulars of economic loss

Ratio Decidendi

The respondent failed to comply with the mandatory obligations under s48(3) of the Motor Accidents Act 1988 to provide particulars of economic loss, and no reasonable excuse for this non-compliance was made out; therefore, the proceedings could not be validly commenced and the statement of claim must be struck out.

Court Disposition

Leave granted; appeal upheld; statement of claim struck out.

Orders

  • Leave to appeal granted.
  • Appeal upheld.