Gardiner v Nominal Defendant [2006] NSWDC 122

New South Wales District Court

CITATION: Gardiner v Nominal Defendant [2006] NSWDC 122

HEARING DATE(S): 9 November 06 EX TEMPORE JUDGMENT DATE : 11/10/2006

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1. Pursuant to s 52(4) of the Motor Accidents Act 1998, the applicant is granted leave to commence proceedings in respect of the injuries suffered in the motor vehicle accident in which he was involved on 5 July 1999 2. A statement of claim is to be filed and served not later than twenty-eight days after it is agreed between the applicant and the respondent that the requirements of s 50(A) of the Motor Accidents Act 1988 have been complied with 3. Liberty to apply in the event that there is a dispute on this issue; 4. The applicant is to pay the respondent's costs of the application. Payment deferred pending the outcome of proceedings; 5. The exhibits and affidavits filed in respect of the application are returned.

CATCHWORDS: Full and satisfactory explanation - Damages threshold

LEGISLATION CITED: Motor Accidents Act 1988

Figliuzzi v Yonan [2005] NSWCA 290 CASES CITED: Smith v Grant [2006] NSWCA 244 Russo v Aiello (2003) 215 CLR 643

PARTIES: Michael Leslie Gardiner Nominal Defendant

FILE NUMBER(S): Coffs Harbour 68/06

M B Inglis COUNSEL: J Sleight

Pollock, Greening & Hampshire SOLICITORS: GIO General Limited

JUDGMENT

JUDGE Margaret SIDIS COFFS HARBOUR: FRIDAY 10 NOVEMBER 2006

68/06 - MICHAEL GARDINER v THE NOMINAL DEFENDANT

1 Michael Leslie Gardiner was badly injured when he lost control of his motorcycle on Park Beach Road late on the evening of 5 July 1999. His pillion passenger, Raymond McMaster was also badly injured. Mr Gardiner claims that his accident was the fault of the driver of an unidentified motor vehicle who entered Park Beach Road from Bourke Street and travelled initially on the wrong side of the road. Mr McMaster made the same allegation.