NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Hawchar v Marshall [2020] NSWDC 719 Hearing dates: 12 November 2020 Date of orders: 20 November 2020 Decision date: 20 November 2020 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Notice of Motion filed on 21 July 2020 is dismissed. (2) Order the plaintiff to pay the defendant's costs of the Motion. Catchwords: LIMITATION OF ACTIONS – motor vehicle accident claim – application by plaintiff for leave to commence proceedings outside the limitation period under the Motor Accidents Compensation Act – whether a reasonable person in the position of the plaintiff would have been justified in experiencing the same delay – a full and satisfactory explanation for delay not provided due to gaps in explanation MOTOR ACCIDENTS – whether the total damages likely to be awarded if the claim succeeds are over the monetary threshold in s 109(3)(b) of the Motor Accidents Compensation Act Legislation Cited: Motor Accidents Act 1988 (NSW) Motor Accidents Compensation Act 1999 (NSW), ss 66, 92, 109 Cases Cited: Karambelas v Zaknic (No. 2) [2014] NSWCA 433 Walker v Howard [2009] NSWCA 408; 78 NSWLR 161 Category: Procedural and other rulings Parties: Samir Youssef Hawchar (Plaintiff) Timothy Peter Marshall (Defendant) Representation: Counsel: G Bateman (Plaintiff) G Reynolds (Defendant)
Solicitors: State Law Group (Plaintiff) Moray & Agnew (Defendant) File Number(s): 2020/213648
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