NSW Caselaw
New South Wales Supreme Court CITATION : Lee v Kean [1999] NSWSC 109 CURRENT JURISDICTION : Common Law FILE NUMBER(S) : N300167/94 HEARING DATE(S) : 19 February 1999 JUDGMENT DATE : 25 February 1999
ROBERT VINCENT LEE (Plaintiff) PARTIES : MARK ALEXANDER KEAN (Defendant) JUDGMENT OF : Master Harrison
Mr Mark Cahill (Plaintiff) COUNSEL : Mr P A Regattieri (Defendant) Mr M A Whelan Geoffrey Edward & Co, Solicitors SOLICITORS : Sydney
Mr J C Palmieri, Solicitor Hamilton CATCHWORDS : Extension of time ACTS CITED : Motor Accidents Act - s 52(4) Transport Accident Act 1987 DECISION : See paragraph 26
15
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
MASTER HARRISON
THURSDAY, 25 FEBRUARY 1999
N300167/94 - ROBERT VINCENT LEE v MARK ALEXANDER KEAN
JUDGMENT (Extension of time - s 52(4) MAA)
1 MASTER: By notice of motion filed 9 October 1998 the plaintiff seeks that leave be granted to commence proceedings pursuant to s 52(4) of the Motor Accidents Act. The plaintiff relies on his affidavit sworn 29 October 1998 and the affidavits of Ross Pfennigwerth sworn 28 September 1998 and Mark Ambrose Whelan sworn 12 October 1998. The defendant opposes the application. 2 For the purposes of this application I find the following facts. (1) On 8 July 1987, a bus in which the plaintiff was travelling as a passenger was involved in a motor accident. The plaintiff suffered injuries as a result of the accident.
(2) On 14 July 1987, the plaintiff completed a workers compensation form.
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