D'Aquino Bros Pty Limited v Glanville [2003] NSWCA 276

New South Wales Court of Appeal

CITATION : D'Aquino Bros Pty Limited v Glanville [2003] NSWCA 276 HEARING DATE(S) : 22/09/03 JUDGMENT DATE : 22 October 2003

JUDGMENT OF : Meagher JA at 1; Santow JA at 2; Ipp JA at 3 DECISION : (1) Appeal upheld to the extent that declaratory orders made by Boyd-Boland ADCJ relating to the opponent's full and satisfactory explanation of the delay and to the identification of the Isuzu as being the vehicle that was used by the opponent at the time of his accident on 27 January 1994 be set aside. Otherwise appeal dismissed; (2) Claimant to pay the costs of the appeal.

CATCHWORDS : LIMITATION OF ACTIONS - Motor Accidents Act 1988, s 52(4) - Whether it was fair and just to grant leave to commence proceedings out of time - Whether plaintiff or legal representatives demonstrated a lack of diligence in ascertaining and asserting plaintiff's rights - Whether the defendant would suffer significant prejudice by reason of the delay. ND LEGISLATION CITED : Motor Accidents Act 1988, s 52(4) Workers Compensation Act 1987, s 151D Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 CASES CITED : Commonwealth of Australia v Diston (2003] NSWCA 51 Salido v Nominal Defendant (1993) 32 NSWLR 524 PARTIES : D'Aquino Bros Pty Limited (Claimant) Colin John Glanville (Opponent) FILE NUMBER(S) : CA 40277/02 COUNSEL : J D Hislop QC/P Gormly (Claimant) K Rewell SC/K Andrews (Opponent) SOLICITORS : Turner Whelan (Claimant) Keddies (Opponent)

LOWER COURT District Court JURISDICTION : LOWER COURT DC 4377/00 FILE NUMBER(S) : LOWER COURT Boyd-Boland ADCJ JUDICIAL OFFICER :