Dean v Stace [2010] NSWDC 334

New South Wales District Court

CITATION: Dean v Stace [2010] NSWDC 334

JUDGMENT DATE: 7 December 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1. On the plaintiff's motion pursuant to s 109(1) of the Motor Accidents Compensation Act 1999 the time for commencement of proceedings in respect of the injuries he suffered in a motor vehicle accident that occurred on 14 January 2006 is extended to 26 August 2010. 2. The defendant is to pay the plaintiff's costs of the motion. DECISION: 3. The defendant's motion is dismissed. 4. The defendant is to pay the plaintiff's costs of the motion, and 5. The exhibits and affidavits are returned.

CATCHWORDS: LIMITATIONS - Application for extension of time - Whether explanation is satisfactory - Determination of condition following neck injury - Prejudice

LEGISLATION CITED: Motor Accidents Act 1988 Motor Accidents Compensation Act 1999

CASES CITED: Salido v Nominal Defendant (1993) 32 NSWLR 524

PARTIES: Andrew David Dean (Plaintiff/Applicant/Respondent) Matthew Stace (Defendant/Respondent/Applicant)

FILE NUMBER(S): 2010/00283923

SOLICITORS: Michael Evers & Co (Plaintiff/Applicant/Respondent) QBE CTP Legal Unit (Defendant/Respondent/Applicant)

JUDGMENT

1 There were two motions before the court in this matter. They related to the plaintiff's claim brought under the Motor Accidents Compensation Act 1999 for damages to compensate him for injuries suffered in a motor vehicle accident that occurred on 14 January 2006. At the time of the accident the plaintiff was a serving police officer and a passenger in a police motor vehicle driven by a colleague.