Martin v Quinn [2010] NSWDC 35

New South Wales District Court

CITATION: Martin v Quinn [2010] NSWDC 35

HEARING DATE(S): 19 June 2009, 11 March 2010

JUDGMENT DATE: 19 March 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

The application is dismissed DECISION: The Applicant is to pay the respondents' costs of the application The exhibits and affidavits are returned

CATCHWORDS: LIMITATIONS - Deficiencies in explanation - Significant pre and post accident ill health - Difficulties with 10% whole person and damages thresholds - Inadequate search and inquiry - Actual prejudice

LEGISLATION CITED: Motor Accidents Compensation Act 1999

Christine Helen Martin (Applicant) PARTIES: Jeffrey Alan Quinn (First Respondent) The Nominal Defendant (Second Respondent)

FILE NUMBER(S): 7/08

C A W Hart (for the Applicant) COUNSEL: D Ronzani (for the First Respondent) P Cummings (for the Second Respondent)

Bale Boshev Lawyers (for the Applicant) SOLICITORS: Curwood Lawyers (for the First Respondent) Moray & Agnew Solicitors (for the Second Respondent)

JUDGMENT

1 The plaintiff in this matter seeks to bring proceedings in respect of a motor vehicle accident that occurred on 8 October 2002. Her motion for relief was initially filed in January 2008. In that motion the respondent was named as Jeffrey Quinn.

2 The motion was subsequently amended to seek leave to proceed out of time and to determine issues arising under ss73, 108 and 109 of the Motor Accidents Compensation Act 1999. S108 is no longer relevant. The question arising under s73 was whether the plaintiff "has" a full and satisfactory explanation for the delay in making her claim. In s109(3)(a) the question was whether the plaintiff "provided" a full and an satisfactory explanation.