NSW Caselaw
New South Wales District Court
CITATION: Harris v Nominal Defendant [2009] NSWDC 372
HEARING DATE(S): 15-16 December 2009 EX TEMPORE JUDGMENT DATE : 18 December 2009
JURISDICTION: District Court - Civil
JUDGMENT OF: Sidis DCJ
1. The plaintiff is granted leave pursuant to s109 of the Motor Accidents Compensation Act 1999 to commence proceedings in respect of the accident that occurred on 12 or 13 August 2004. DECISION: 2. The statement of claim is to be filed and served by no later than 4pm on 29 January 2010. 3. The plaintiff is to pay the defendant's costs of the application. 4. The exhibits and the affidavit materials are returned.
CATCHWORDS: LIMITATIONS - Full and satisfactory explanation - Significant delay - Uncertainty as to whether a motor vehicle involved - Delay during rehabilitation from serious injury - Intervention by plaintiff's parents of which are plaintiff unaware - Competence of the plaintiff - Inadequate and incorrect legal advice - Whether they are trial available.
Legal Profession Act 2004 LEGISLATION CITED: Motor Accidents Compensation Act 1999 Workers Compensation Act 1987
CASES CITED: Itek Graphix Pty Limited v Elliott 54 NSWLR 207 Salido v The Nominal Defendant 32 NSWLR 5254
PARTIES: Sturat James Reginald Harris (Applicant) Nominal Defendant - NRMA Insurance - (Respondent)
FILE NUMBER(S): 168/09
COUNSEL: I Roberts SC & A Black (For the Applicant) Campbell SC (For the Respondent)
SOLICITORS: Michael Kreveld Legal (For the Applicant) Hunt & Hunt Lawyers (For the Respondent)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate