Reeves v Reeves [2002] NSWCA 181

New South Wales Court of Appeal

CITATION : Reeves v Reeves [2002] NSWCA 181 FILE NUMBER(S) : CA 40243/01 HEARING DATE(S) : 06/06/2002 JUDGMENT DATE : 19 June 2002

PARTIES : Belinda REEVES v Tania REEVES JUDGMENT OF : Meagher JA at 1; Foster AJA at 2-19; Campbell AJA at 20

LOWER COURT JURISDICTION : District Court LOWER COURT DC 57/01 FILE NUMBER(S) : LOWER COURT Delaney DCJ JUDICIAL OFFICER :

COUNSEL : Mr J.D. Hislop QC with Mr D. J. Russell - Appellant Mr G.R. Petty SC with Mr D. Hooke - Respondent SOLICITORS : Turner Whelan - Appellant Burston Cole & Co - Respondent CATCHWORDS : Appeal from an interlocutory judgment in which it was found in favour of the respondent - question of contributory negligence issue. LEGISLATION CITED : The Motor Accidents Act, 1988 CASES CITED: Nicholson v Nicholson (1994) 35 NSWLR 308 at 318F-G and 332G-334A DECISION : 1. Appeal should be allowed.; 2. Appellant pay costs; 2. Application remitted to the District Court to be heard and determined in accordance with these reasons.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40243/01 DC 57/01

MEAGHER JA FOSTER AJA CAMPBELL AJA

WEDNESDAY, 19 JUNE, 2002 Belinda REEVES v Tania REEVES Judgment 1 MEAGHER JA: I agree with Foster AJA. 2 FOSTER AJA: This is an appeal from an interlocutory judgment given by Delaney DCJ in the District Court at Parramatta on 16 March 2001 in which he found for the present respondent. Leave to appeal has been granted. His Honour had for decision an application, brought by Notice of Motion dated 6 February 2001, in which the present respondent sought leave to commence proceedings against the present appellant pursuant to s 52(4) of the Motor Accidents Act, 1988. That section provides as follows:- "(4) A claimant is not entitled to commence proceedings in respect of a claim more than 3 years after: (a) the date of the motor accident to which the claim relates, or (b) ……… except with the leave of the court in which the proceedings are to be taken."