Hayek v Trujillo [2007] NSWCA 139

New South Wales Court of Appeal

CITATION: Hayek v Trujillo [2007] NSWCA 139

HEARING DATE(S): 4 June 2007

JUDGMENT DATE: 18 June 2007

JUDGMENT OF: Mason P at 1; Ipp JA at 2; McColl JA at 75

DECISION: Appeal dismissed with costs.

CATCHWORDS: STATUTORY INTERPRETATION – Motor Accidents Compensation Act 1999 (NSW), ss 73, 94, 96 and 108 – whether, by s 73(3), the respondent lost the right to challenge the appellant's claim on the ground of delay – whether the trial judge was entitled to dismiss the proceedings under s 73(4) – whether, in the alternative, by reason of the application of s 96(4), the respondent lost the right to challenge the appellant's claim on the ground of delay – whether the appellant's statement of claim was filed in breach of s 108(1) – whether a certificate relating to the assessment of a dispute issued under s 96 was a certificate in respect of a claim under s 94

LEGISLATION CITED: Motor Accidents Compensation Act 1999 (NSW), ss 6, 72, 73, 80, 81, 82, 83, 84, 85, 92, 94, 96, 108, 222 Workers Compensation Act 1987 (NSW), s 151C

Berowra Holdings Pty Ltd v Gordon (2006) 225 CLR 364 CASES CITED: Dollak v Schilpzand (Unreported, District Court of New South Wales, Delaney DCJ, 2 September 2005) Poles v Broadbent (Unreported, District Court of New South Wales, Garling DCJ, 17 December 2004)

PARTIES: Jenny Hayek - Appellant Guadalupe Rojas Trujillo - Respondent

FILE NUMBER(S): CA 40774/05

COUNSEL: PCB Semmler QC / RI Goodridge - Appellant K Rewell SC - Respondent

SOLICITORS: Firths Compensation Lawyers - Appellant TL Lawyers - Respondent

LOWER COURT JURISDICTION: District Court