NSW Caselaw
New South Wales District Court
CITATION: Aitcheson v Nominal Defendant, GIO NSW and Ambulance Service NSW [2008] NSWDC 237
HEARING DATE(S): 8-9 October 2008
JUDGMENT DATE: 7 November 2008
JURISDICTION: Civil
JUDGMENT OF: Sidis DCJ
1 Each of the motions is dismissed. 2 The proceedings are dismissed. DECISION: 3 The applicant is to pay the defendants' costs of the motions and of the proceedings. 4 The exhibits will be retained for 28 days. 5 Reasons published.
CATCHWORDS: LIMITATIONS - extension of time in respect of deceased's cause of action - 25 years from date of injury - inadequacy of evidence to support applications.
Compensation to Relatives Act 1897 Law Reform (Miscellaneous Provisions) Act 1944 LEGISLATION CITED: Limitation Act 1969 Motor Vehicles (Third Party Insurance) Act 1942 and Regulations Motor Vehicles Insurance Act 1936 QLD
CASES CITED: Dedousis v The Water Board (1994) 181 CLR 171 Drayton Coal Pty Ltd v Drain U/R NSWCA 40418/95, 9.8.95, BC9505244
Jennifer Lois Aitcheson - Plaintiff PARTIES: The Nominal Defendant - First defendant The Government Insurance Office of NSW - Second Defendant The Ambulance Service of NSW - Third defendant
FILE NUMBER(S): Newcastle 365/06
A Katzmann SC - D S Stanton - Plaintiff COUNSEL: P R Cummings - First & Second Defendant S J Harben SC - Third Defendant
Ross Pfennigwerth - Plaintiff SOLICITORS: Sparke Helmore - First & Second Defendants Rankin Nathan Lawyers - Third Defendant
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