Masri v Stojanovski [2022] NSWDC 509

District Court New South Wales

Medium Neutral Citation: Masri v Stojanovski [2022] NSWDC 509 Hearing dates: 21 October 2022 Date of orders: 27 October 2022 Decision date: 27 October 2022 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) I find that the plaintiff has satisfied the court that he has a full and satisfactory explanation for the delay in making the claim. (2) I find that the plaintiff has satisfied the court that he has a full and satisfactory explanation for the delay in commencing court proceedings. (3) Grant leave to the plaintiff nunc pro tunc to commence proceedings by the Statement of Claim filed on 16 April 2022. (4) Order the plaintiff to pay the defendant's costs of the plaintiff's Notice of Motion filed on 14 April 2022 and the defendant's Notice of Motion filed on 31 May 2022. (5) Otherwise dismiss the defendant's Notice of Motion filed on 31 May 2022. Catchwords: MOTOR ACCIDENT LEGISLATION – late claims – whether claimant has a full and satisfactory explanation for delay in making claim and for delay in commencing proceedings – whether a reasonable person in the position of the claimant would have failed to comply with the duty or would have been justified in experiencing the same delay CIVIL PROCEDURE – commencement of proceedings – application for leave to commence action CIVIL PROCEDURE – application for dismissal of proceedings – where statement of claim commenced without leave – where claim form served outside requisite period COSTS – party/party – general rule that costs follow the event – exceptions to general rule that costs follow the event – party seeking indulgence or dispensation of the court Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 66, 72, 73, 91,109 Cases Cited: Karambelas v Zaknic (No. 2) [2014] NSWCA 433 Walker v Howard [2009] NSWCA 408 Category: Procedural rulings Parties: Mohammed Masri (Plaintiff) Phillip Stojanovski (Defendant) Representation: Counsel: E Romanuik SC with M Eirth (Plaintiff) C Allan (Defendant)