Butler v Greenaway [2007] NSWDC 126

New South Wales District Court

CITATION: Butler v Greenaway [2007] NSWDC 126

HEARING DATE(S): 22/08/2006, 07/09/2006, 16/11/2006, 16/02/2007

JUDGMENT DATE: 16 February 2007

JUDGMENT OF: Kearns SC DCJ

DECISION: Dismiss the defendant's motion and order the plaintiff to pay the defendant's costs of and incidental to the motion.

CATCHWORDS: Motor Accidents Compensation Act - plaintiff's claim submitted out of time - whether plaintiff provided full and satisfactory explanation for the delay - plaintiff reliant on his solicitor

Motor Accidents Compensation Act 1999 LEGISLATION CITED: Compensation to Relatives Act 1897 Motor Accidents Act 1988

Buller v Black (2003) 56 NSWLR 425 Russo v Aiello (2003) 215 CLR 643 CASES CITED: Smith v Grant [2006] NSWCA 244 (37-38) Figliuzzi v Yonan [2005] NSWCA 290 (5) Diaz v Truong (2002) 37 MVR 158

PARTIES: Kevin Allan Butler Paul Steven Greenaway

FILE NUMBER(S): 1265/06

COUNSEL: Mr T Boyd and Mr D Williams appeared for the plaintiff Mr P J Nolan appeared for the defendant

SOLICITORS: Herbert Weller for the plaintiff Sparke Helmore for the defendant

34 District Court of New South Wales Matter No. 1265/06

Kevin Allan Butler (the plaintiff)

v

Paul Steven Greenaway (the defendant)

16 February 2007 JUDGMENT KEARNS J

Background 1. The defendant's motion seeks dismissal of the proceedings on the basis that the plaintiff's claim was submitted outside the time required by section 72(1) of the Motor Accidents Compensation Act 1999 (MACA) and that the plaintiff has not provided a full and satisfactory explanation for the delay in making the claim.