Dandashli v Dandashli [1999] NSWCA 321

New South Wales Court of Appeal CITATION : Dandashli v Dandashli [1999] NSWCA 321 FILE NUMBER(S) : CA 40786/98 HEARING DATE(S) : 16 August 1999 JUDGMENT DATE : 9 September 1999

Osama Dandashli PARTIES : v Haidar Dandashli JUDGMENT OF : Mason P at 1; Sheller JA at 28

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : DC 3673/96 LOWER COURT JUDICIAL OFFICER : Ainslie-Wallace DCJ

COUNSEL : C: B Gross QC, T Boyd O: J Poulos QC, W Fitzsimmons SOLICITORS : C: Carroll & O'Dea, Sydney O: Abbott Tout, Sydney CATCHWORDS : Leave to appeal out of time - No question of principle ACTS CITED : District Court Act 1973 DECISION : Leave to appeal out of time granted

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40786/98 DC 3673/96 MASON P SHELLER JA Thursday 9 September 1999

Osmama DANDASHLI v Haidar DANDASHLI

JUDGMENT 1 MASON P: Two applications were heard concurrently: an application for leave to file a notice of appeal out of time; and (alternatively) an application for leave to appeal. 2 The claimant was involved in two motor vehicle accidents. The first occurred on 21 January 1992 when he was a passenger in a car driven by his uncle, the opponent. The second accident occurred on 30 April 1993 when he was driving a vehicle which was struck by another car. 3 The two claims were heard concurrently in the District Court before her Honour Judge Ainslie-Wallace. Liability appears to have been conceded in each case. 4 The claimant sustained physical injuries in each accident, but apparently not of a serious nature. The issue fought in a trial which spanned fourteen hearing days was the claimant's assertion that he suffered serious psychiatric injuries as a result of the first accident which were aggravated by the second accident. Her Honour was satisfied that the claimant was not, at the date of trial, suffering from any disability which resulted from either motor vehicle accident. Since it was only the psychiatric injury that was said to be continuing at the date of trial in 1998, there were verdicts for the defendant in each action. Allen v Chown (1996) 24 MVR 255 was applied. 5 Reasons were given and orders pronounced on 29 September 1998. 6 On 12 October 1998 the claimant filed and served two holding summonses seeking leave to appeal in each matter. 7 On 11 January 1999 the claimant filed and served: