Prospero v Farmer [2020] NSWDC 631

District Court New South Wales

Medium Neutral Citation: Prospero v Farmer [2020] NSWDC 631 Hearing dates: 15 October 2020 Date of orders: 23 October 2020 Decision date: 23 October 2020 Jurisdiction: Civil Before: Judge Levy SC Decision: See paragraph [44] for orders Catchwords: PRACTICE AND PROCEDURE – application by plaintiff pursuant to s 110 of the Motor Accidents Compensation Act 1999 (NSW) seeking reinstatement of her motor accident compensation claim – limits placed on cross-examination of affidavit evidence in an interlocutory application Legislation Cited: Motor Accident Injuries Act 2017, Motor Accidents Compensation Act 1999 (NSW), s 85, s 110(3) and (5) Uniform Civil Procedure Rules, r 35.2, r 42.1 Cases Cited: Markisic v Commonwealth of Australia [2010] NSWCA 273 Ren v Jiang [2014] NSWCA 1 Category: Procedural and other rulings Parties: Ninette Prospero (Plaintiff) Mary Farmer (Defendant) Representation: Counsel: Mr W Carney (Plaintiff) Mrs C Allan (Defendant)

Solicitors: PK Simpson (Plaintiff) McInnes Wilson Lawyers NSW (Defendant) File Number(s): 2020/165377 Publication restriction: None

Judgment

Contested interlocutory application by plaintiff 1. By notice of motion filed pursuant to s 110(5) of the Motor Accidents Compensation Act 1999 (NSW) ("MAC Act"), the plaintiff, Ms Ninette Prospero, seeks an order for reinstatement of her personal injury damages claim arising out of a motor vehicle accident on 2 September 2017 where the CTP insurer, Allianz Australia Insurance Ltd, opposes that course on the contended ground that the plaintiff's claim should be considered to have been withdrawn by reason of the operation of s 110(3) of that Act.