NSW Caselaw
New South Wales Court of Appeal
CITATION : Oddy v State of New South Wales [2003] NSWCA 272 HEARING DATE(S) : 01/10/2003 JUDGMENT DATE : 9 October 2003
JUDGMENT OF : Hodgson JA at 1; Ipp JA at 6; Foster AJA at 13-39 DECISION : 1. That leave be granted; 2. That the appeal be upheld; 3. That the orders of the primary judge be set aside; 4. That the time for the bringing of the claimant's action be extended for 14 days from this date; 5. That the opponent pays the claimant's costs of this application and bear its own costs of the hearing in the Court below.
CATCHWORDS : Leave to commence proceedings out of time against the opponent. LEGISLATION CITED : Motor Accidents Act, 1988 (NSW) CASES CITED : Salido v the Nominal Defendant (1993) 32 NSWLR 524 PARTIES : Oddy State of New South Wales FILE NUMBER(S) : CA 41249/02 COUNSEL : Mr J.D. Hislop QC with Ms M. Kumar - Appellant Mr R.C. Tonner - Respondent Farrell Lusher - Applicant SOLICITORS : Turner Whelan - (Agents) Moray & Agnew - Respondent
LOWER COURT District Court JURISDICTION : LOWER COURT 37/02 FILE NUMBER(S) : LOWER COURT Goldring J JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41249/02 DC 37/02
HODGSON JA IPP JA FOSTER AJA
THURSDAY, 9 OCTOBER, 2003
LAURENCE LEONARD ODDY v THE STATE OF NEW SOUTH WALES
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