KHOURY v. LINFOX AUSTRALIA PTY. LTD. [2006] NSWCA 51

New South Wales Court of Appeal

CITATION: KHOURY v. LINFOX AUSTRALIA PTY. LTD. [2006] NSWCA 51 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 20/02/2006

JUDGMENT DATE: 20 February 2006

JUDGMENT OF: Beazley JA at 1,37; Tobias JA at 24

EX TEMPORE JUDGMENT DATE: 02/20/2006

DECISION: 1. Leave granted to appeal.; 2. Appeal allowed.; 3. Extend time for the filing of a Statement of Claim until 21/04/2006; 4. Opponent to pay the claimant's costs of the Summons for leave to appeal and of the appeal and to have a certificate under the Suitors Fund Act is so entitled

CATCHWORDS: LIMITATION OF ACTION – test for extension of time under the Motor Accidents Compensation Act (NSW) 1999 is whether a "full and satisfactory" explanation for the delay has been provided by the claimant – full and satisfactory explanation provided – deficient initial legal advice by claimant's previous solicitors - reasonable steps taken by current solicitors in pursuit of a claim - claim hindered by absence of cooperation and inadequate information on the part of the other parties – reasonable person would have failed to comply with statutory requirements - MOTOR ACCIDENTS – extension of time to commence proceedings – whether "full and satisfactory" explanation for delay - APPEAL – incorrect test applied by trial judge – not open to trial judge to find otherwise than that a full and satisfactory explanation had been given

LEGISLATION CITED: Motor Accidents Compensation Act (NSW) 1999; ss 66(2), 109(1), 109(3)(a), 60C(2)

Figliuzzi v Yonan [2005] NSWCA 290 CASES CITED: Russo v Aiello (2003) 215 CLR 643 Buller v Black (2003) 56 NSWLR 425 House v The King (1936) 55 CLR 499