WHITMORE v SIMON [2021] NSWDC 137

District Court New South Wales

Medium Neutral Citation: WHITMORE v SIMON [2021] NSWDC 137 Hearing dates: 19 MARCH 2021 Date of orders: 19 MARCH 2021 Decision date: 19 March 2021 Jurisdiction: Civil Before: M Sidis ADCJ Decision: Orders: (1) The motion filed on behalf of the defendant on 20 December 2020 is dismissed. (2) The defendant is to pay the plaintiff's costs of the motion. (3) On the plaintiff's application for leave to proceed, I grant leave pursuant to s 109 of the Motor Accidents Compensation Act nunc pro tunc to the plaintiff to commence proceedings out of time, noting that those proceedings were commenced on 1 October 2020. (4) The plaintiff is to pay the defendant's costs of that application. (5) By consent, I make orders in accordance with the consent orders, signed and dated 19 March 2021, noting that the matter will be listed for further directions on 10 August 2020. Catchwords: PERSONAL INJURY – motor accident – substantial period of delay– applications to dismiss and for leave to commence out of time – minor at time of accident – disadvantage – involvement of alcohol and joint illegal enterprise – serious injuries and disabilities. Legislation Cited: Motor Accidents Compensation Act 1999 ss 66(2), 109 Category: Procedural rulings Parties: Plaintiff: Frederick John Whitmore Defendant: Keenan Simon Representation: Counsel: Plaintiff: Mr L Brazel Defendant: Mr C Hart