NSW Caselaw
New South Wales District Court
CITATION: Davis v Nominal Defendant [2008] NSWDC 97 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 17 and 18 March 2008
JUDGMENT DATE: 17 April 2008
JURISDICTION: District Court Civil Jurisdiction
JUDGMENT OF: Johnstone DCJ at 1
DECISION: Leave granted to the plaintiff to commence proceedings out of time
CATCHWORDS: NEGLIGENCE - motor accident - plaintiff injured aged 6 in 1997 when he fell from an uninsured quad motorbike - claim form against Nominal Defendant not lodged within 3 months, and not lodged till 2005 - plaintiff applied for leave to commence proceedings out of time - whether the application was futile because the uninsured quad motorbike was not capable of registration - whether the explanation for the delay was full and satisfactory
Motor Accidents Act 1988: s 40(2), s 52 LEGISLATION CITED: Motor Accidents Compensation Act 1999: s 33 Road Transport (Vehicle Registration) Act 1997: s 8(1)(d)
Applin v The Nominal Defendant [2004] NSWCA 217 Brinson v Rocla Concrete Pipes Ltd [1982] 2 NSWLR 937 at 946F-G Diaz v Truong [2002] NSWCA 265 General Steel Industries Inc v Commissioner for Railways (NSW) (1994) 112 CLR 125 at [8] and [10] CASES CITED: Guest v Southern (NSWSC, 22 September 1995, unreported) Itek Graphix Pty Limited v Elliott [2002] NSWCA 104 Nationwide News Pty Ltd v Naidu [2007] NSWCA 377 Robertson v The Zinc Corporation [2005] NSWCA 372 Russo v Aiello [2003] HCA 53
PARTIES: Steven Davis by his tutor Samantha Davis (Plaintiff) The Nominal Defendant (Defendant)
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