BULLER v BLACK [2003] NSWCA 45

Reported Decision : (2003) 56 NSWLR 425

New South Wales Court of Appeal

CITATION : BULLER v BLACK [2003] NSWCA 45 HEARING DATE(S) : 5 February 2003 JUDGMENT DATE : 12 March 2003

JUDGMENT OF : Mason P at 1; Giles JA at 77; Ipp JA at 100 DECISION : Appeal dismissed - by majority

CATCHWORDS : Motor Accidents Act 1988 - ss40(2) 43, 43A, - Limitation period - Delay in making claim for damages - Full and satisfactory explanation for delay - "court is satisfied" - reasonable person in position of the claimant - justifiability of delay (D) PARTIES : Jason Laurie BULLER v Ian Matthew BLACK FILE NUMBER(S) : CA 40690/02 COUNSEL : Claimant: D Pullinger / D A Marr Opponent: D J Russell SC SOLICITORS : Appellant: Mark Rumore, Liverpool Opponent: Bhim Rmarakha

LOWER COURT District Court JURISDICTION : LOWER COURT DC 13765/01 FILE NUMBER(S) : LOWER COURT Bowden ADCJ JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40690/2002 DC 13765/2001

MASON P GILES JA IPP JA

Wednesday 12 March 2003

Jason Laurie BULLER v Ian Matthew BLACK

Facts: The claimant (Buller), a pedestrian crossing the road, was seriously injured when a car driven by the opponent (Black) hit him. The accident occurred at about 6.00 am on 16 July 1999. The claimant has no recollection of the accident, leaving the opponent as the only witness. On 4 April 2000, the claimant gave notice to the opponent's insurer that he would be bringing a claim for damages. This was outside the six month limitation period for making a claim stipulated in s43 of the Motor Accidents Act 1988 , but pursuant to s43A of this Act, late claims can be made "if the claimant provides a full and satisfactory explanation for the delay in making the claim" .