Chapman v Gibbo’s Transport Pty Ltd & Ors (No 2) [2023] NSWSC 186

Supreme Court New South Wales

Medium Neutral Citation: Chapman v Gibbo's Transport Pty Ltd & Ors (No 2) [2023] NSWSC 186 Hearing dates: 27 February 2023 Date of orders: 07 March 2023 Decision date: 07 March 2023 Jurisdiction: Common Law Before: Weinstein J Decision: (1) Leave is granted to the plaintiff to proceed pursuant to section 109 of the Motor Accidents Compensation Act 1999. (2) Costs of each party be costs in the cause. (3) The matter is stood over to the registrar's callover on 13 March 2023. (4) The third defendant is to file its defence within 28 days. Catchwords: TRAFFIC LAW AND TRANSPORT — Traffic law — Motors Accidents Compensation Act 1999 —Application by plaintiff to add claim for damages under the legislation — where claim under Motor Accident Compensation Act 1999 not identified by the parties until second defendant sought to amend defence – leave sought under section 109 LIMITATION OF ACTIONS — Time limits — Motor Accidents Compensation Act 1999 — leave sought under section 109 — where plaintiff not given full and comprehensive advice prior to second defendant raising issue in an amendment to its defence — whether plaintiff has provided a full and satisfactory explanation for delay —leave granted Legislation Cited: Civil Liability Act 2002 Civil Procedure Act 2005 Limitation Act 1969 Motor Accident Compensation Act 1999 Workers' Compensation Act 1987 Workplace Injury Management Act 1998 Cases Cited: Itek Graphix Pty Ltd v Elliott (2002) 54 NSWLR 207 Karambelas v Zaknic (No 2) [2014] NSWCA 433 Nominal Defendant v Harris (2011) 57 MVR 492 Stein v Ryden [2022] NSWCA 212 Walker v Howard (2009) 78 NSWLR 161 Walters v Cross Country Fuels Pty Limited [2009] NSWCA 10 Category: Procedural rulings Parties: Michael William Chapman (Plaintiff) Gibbo's Transport Pty Ltd (First Defendant) Qube Logistics (SL) Pty Ltd (Second Defendant) QBE Insurance Australia Limited (Third Defendant) Representation: Counsel: R de Meyrick (Plaintiff) A B Parker (First Defendant) G J Parker SC (Second Defendant) J Catsanos SC (Third Defendant)