Draca v Silva [2010] NSWDC 138

New South Wales District Court

CITATION: Draca v Silva [2010] NSWDC 138

HEARING DATE(S): 19/5/10, 20/5/10

JUDGMENT DATE: 4 June 2010

JURISDICTION: CIVIL JURISDICTION

JUDGMENT OF: Finnane QC DCJ

DECISION: Leave to commence proceedings granted. Proceedings must be commenced within 1 month. I order the plaintiff to pay the defendant's costs of this application and I order that no steps be taken by the defendant to enforce the costs order until the conclusion of the litigation.

CATCHWORDS: LIMITATION OF ACTIONS - s 109 Motor Accidents Compensation Act 1999 (NSW) - whether leave should be granted - whether full and satisfactory explanation for delay - whether total damages likely to be awarded to plaintiff not less than 25% of the maximum amount that could be awarded for non-economic loss -

LEGISLATION CITED: Motor Accidents Compensation Act 1999 (NSW), s 81 s 109 Road Rules 2008-reg 149

CASES CITED: Reeves v Reeves [2002] NSWCCA 181 Walker v Howard [2009] NSWCA 408

PARTIES: Slavko DRACA (Plaintiff) Carlos SILVA (Defendant)

FILE NUMBER(S): 2010/100604

COUNSEL: Mr P Frame (Plaintiff) Mr J Gracie (Defendant)

SOLICITORS: NSW Compensation Lawyers (Plaintiff) Vardanega Roberts Solicitors (Defendant)

1. HIS HONOUR: The plaintiff claimed that he was injured in a motor vehicle accident which occurred on 28 June 2006. His claim is that he was travelling in a lane on a road. The lane came to an end and he sought to move over to his right into the next lane. However, a truck driven by the defendant was in that lane and it struck his vehicle as he was moving his vehicle into the middle lane. It struck his vehicle on the right hand side of the car striking the mirror and the front mudguard area.