Kostopoulos v Sims [2006] NSWDC 99

New South Wales District Court

CITATION: Kostopoulos v Sims [2006] NSWDC 99

HEARING DATE(S): 2/11/06 EX TEMPORE JUDGMENT DATE : 11/02/2006

JUDGMENT OF: Sidis DCJ

CATCHWORDS: Extension of time to commence proceedings

LEGISLATION CITED: Motor Accidents Act 1988

PARTIES: Terry Kostopoulos Matthew James Sims

FILE NUMBER(S): Coffs Harbour 27/06

Plaintiff M B Inglis COUNSEL: Defendant J Ringrose

Plaintiff Pollock Greening Hampshire SOLICITORS: Defendant Carroll & O'Dea

JUDGMENT

1 In this matter the plaintiff, Terry Kostopoulos, seeks an extension of time within which to bring proceedings in respect of a motor vehicle accident that occurred on 8 June 1999. His application is made under s 52(4) of the Motor Accidents Act 1988. It is supported by affidavits of himself and his current solicitor, Mr Brennan. In response, the defendant has filed affidavits of his solicitor, Mr Higgins.

2 As far as the accident itself is concerned, there were materials before me produced by the New South Wales Police Service which indicated that the versions of the accidents provided to police by the plaintiff and by the driver of the vehicle which struck him were substantially different in nature. There is, therefore, evidence that there are substantial issues on liability between the plaintiff and the driver of the vehicle.

3 The evidence of the plaintiff was that he first made contact with his former solicitor, Mr Velcic, one month after the accident. He was imprisoned between October 1999 and January 2001, and he stated that in that period he relied upon his mother and a former girlfriend to make contact with Mr Velcic about the progress of his claim. He was medically examined in January 2001 and he stated in his affidavit that he signed the claim form in May 2001, although on the documents it would appear that this occurred in April 2001.