NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Parker v MacLoughlin [2022] NSWDC 532 Hearing dates: 28 October 2022 Date of orders: 8 November 2022 Decision date: 08 November 2022 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Grant leave to the plaintiff nunc pro tunc to commence these proceedings by the Statement of Claim already filed. (2) Order the plaintiff to pay the defendant's costs of the plaintiff's Notice of Motion filed on 30 June 2022. Catchwords: MOTOR ACCIDENT LEGISLATION – late claims – whether claimant has a full and satisfactory explanation for delay in commencing proceedings – whether a reasonable person in the position of the claimant would have been justified in experiencing the same delay CIVIL PROCEDURE – commencement of proceedings – application for leave to commence action COSTS – party/party – 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, 109 Cases Cited: Karambelas v Zaknic (No. 2) [2014] NSWCA 433 Walker v Howard [2009] NSWCA 408; (2009) 78 NSWLR 161 Category: Procedural rulings Parties: Darren Hilton Parker (Plaintiff) Toni MacLoughlin (Defendant) Representation: Counsel: C T Barry KC with J Hallion (Plaintiff) K Rewell SC (Defendant)
Solicitors: G & S Law Group (Plaintiff) McInnes Wilson Lawyers (Defendant) File Number(s): 2022/190804
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