Murljacic v Collins [2006] NSWDC 192

New South Wales District Court

CITATION: Murljacic v Collins [2006] NSWDC 192

HEARING DATE(S): 21/02/06 EX TEMPORE JUDGMENT DATE : 02/21/2006

JURISDICTION: Civil

JUDGMENT OF: Goldring DCJ

DECISION: Order that the plaintiff have an extension of time to file a statement of claim and that that should be done within 7 days from today; Dismiss the defendants' application

CATCHWORDS: Practice and procedure - Extension of time - prima facie cause of action - delay - prejudice

CASES CITED: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Sydney City Council v Zegarac (1998) 43 NSWLR 195

Timor Murljacic (Plaintiff) PARTIES: John Collins (First Defendant) Sharon Collins (Second Defendant)

FILE NUMBER(S): 106 of 2005 Wollongong

COUNSEL: Mr G. Smith (Plaintiff) Mr J. Sleight (Defendants)

SOLICITORS: Lough Wells Duncan Lawyers, Wollongong (Plaintiff) Hunt & Hunt Lawyers (Defendants)

JUDGMENT

1 HIS HONOUR: These are two motions, one brought by the plaintiff, Mr Murljacic, and one by the defendants, in relation to a claim by Mr Murljacic for damages for personal injuries he suffered when, in 2001 on the relevant date, which was 4 August 2001, a Saturday, the plaintiff was riding his motorbike along a road in the Bemboka area near Bega. It is not disputed, I think, at this stage that he hit a cow. He was thrown from his motorbike and he was seriously injured.

2 His leg snapped and he was unable to walk. About an hour later his partner found him beside the road and took him, first of all to the Bemboka Village, and he was from there taken by ambulance to Bega Hospital, where he spent some time.