NSW Caselaw
New South Wales Supreme Court
CITATION : Akhrass v Allianz Australia Insurance & Anor [2002] NSWSC 352 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 20614 of 2001 HEARING DATE(S) : 24 April 2002 JUDGMENT DATE : 24 April 2002
Edward Hanna Akhrass (Plaintiff) PARTIES : v Allianz Australia Insurance Limited (First Defendant) Watts Publishing Australia & New Zealand Pty Limited (Second Defendant) JUDGMENT OF : Master Malpass
COUNSEL : N/A (Plaintiff) N/A (Defendant) SOLICITORS : In Person (Plaintiff) Dibbs Barker Gosling (First and Second Defendants) CATCHWORDS : Statutory prohibition on commencement of court proceedings - plaintiff not entitled to commence these proceedings. Motor Accidents Compensation Act 1999, s 92, LEGISLATION CITED : s 94, s 108. Supreme Court Rules 1970, Pt 15. CASES CITED : N/A DECISION : See paragraph 13.
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
Master Malpass
WEDNESDAY 24 APRIL 2002
20614 of 2001 Edward Hanna Akhrass v Allianz Australia Insurance Limited & Anor
JUDGMENT 1 Master Malpass: On 4 July 2001, the plaintiff filed a document entitled Statement of Claim. It purports to bring a claim for damages arising out of a motor vehicle accident that took place on 22 January 2001. 2 It is a lengthy document of many pages. It falls well short of complying with the pleading rules of this Court (Pt 15). 3 Initially, the plaintiff had legal representation. The solicitor ceased to act in about July 2001. The plaintiff is now a litigant in person. 4 The first defendant is the CTP (Compulsory Third Party Personal Injury) insurer of the vehicle said to have come into contact with the plaintiff as a pedestrian. The second defendant is the insured. 5 On 22 January 2002, the defendants filed a Notice of Motion seeking the dismissal of the proceedings. The plaintiff has responded by filing another Notice of Motion together with other documentation. 6 The matter came on for hearing on 24 April 2002. The plaintiff opposed a dismissal of the proceedings.
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