HOPPE v HOLMES [2007] NSWDC 198

New South Wales District Court

CITATION: HOPPE v HOLMES [2007] NSWDC 198

HEARING DATE(S): 4 October 2007 EX TEMPORE JUDGMENT DATE : 5 October 2007

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1. I grant leave to the applicant to commence proceedings against the respondent pursuant to s 109 of the Motor Accidents Compensation Act 1999 ; 2.The statement of claim is to be filed and served by not later than 4pm on 26 October 2007; 3.Costs of the motion are reserved; 4.The exhibits are returned.

CATCHWORDS: Limitations - Full and satisfactory explanation - Prejudice

LEGISLATION CITED: Motor Accidents Compensation Act 1999 Transport Act 1986 s 42(2)(e) (Vic)

CASES CITED: Holt v Wynter (2000) 49 NSWLR 128 Itek Graphix P/Ltd v Elliott (2002) 54 NSWLR 207

PARTIES: Rhianna Lea HOPPE Jonathon HOLMES

FILE NUMBER(S): Newcastle Plaint 176/07

M F McDermott - Applicant COUNSEL: J B Turnbull - Respondent

Rankin Nathan Lawyers - Applicant SOLICITORS: Holman Webb Lawyers - Respondent

JUDGMENT

1 Rhianna Lea Hoppe was very seriously injured in a motor vehicle accident on 22 October 2000. Her injuries included orthopaedic injuries and brain damage. At the time she was seventeen years old.

2 She has not commenced proceedings against the defendant and she seeks the leave of the court to do so in accordance with s 109 of the Motor Accidents Compensation Act 1999. The vehicle involved in the accident was registered in Victoria and the Transport Accident Commission of Victoria became involved in processing the claim on behalf of the respondent driver.