NSW Caselaw
New South Wales Supreme Court
CITATION : Howard v Walker [2008] NSWSC 451
HEARING DATE(S) : 12/11/2007, 02/05/2008
JUDGMENT DATE : 13 May 2008
JUDGMENT OF : Hoeben J
DECISION : I grant leave to the claimant to commence proceedings against Andrew Walker in respect of the motor vehicle accident which occurred in Trail Street, Wagga Wagga on 19 July 2001. Subject to Order 3, each party is to pay his own costs of this application. The plaintiff is to pay the costs of the proposed defendant, Andrew Walker, of the hearing on 12 November 2007.
CATCHWORDS : Motor Accidents Compensation Act - three year limitation - extension of period - brain damaged claimant - onus of proof - whether "full and satisfactory explanation" of delay - conduct of claimant's family and solicitor - relevance of such conduct.
Freedom of Information Act 1982 (C'th) LEGISLATION CITED : Limitation Act, 1969 Motor Accidents Act 1988 Motor Accidents Compensation Act 1999
CATEGORY : Procedural and other rulings
Blackburn v Allianz Australia Insurance Ltd [2004] NSW 385, (2004) 61 NSWLR 632 Buller v Black (2003) NSWCA 45; (2003) 56 NSWLR 425 CASES CITED : Diaz v Truong (2002) 37 MVR 158 at 165 Russo v Aiello (2003) 215 CLR 643 Smith v Grant [2006] NSWCA 244, (2006) 67 NSWLR 735
PARTIES : Leonard James Howard by his next friend Craig McInerney - Plaintiff Andrew Walker - Defendant
FILE NUMBER(S) : SC 12158/2007
COUNSEL : Mr R Foord - Plaintiff Mr J Turnbull - Defendant
SOLICITORS : Denniston & Day - Plaintiff Carroll & O'Dea - Defendant
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