Paice v Hill [2009] NSWCA 156

Reported Decision: 75 NSWLR 46853 MVR 114[2009] ALMD 6253

New South Wales Court of Appeal

CITATION: Paice v Hill [2009] NSWCA 156 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): Tuesday 23 June 2009

JUDGMENT DATE: 7 July 2009

JUDGMENT OF: Allsop P at 1; Giles JA at 4; Ipp JA at 5

(a) The application for leave to appeal is granted. (b) The appeal is upheld. DECISION: (c) The orders made by Garling DCJ are set aside. (d) The action brought by the plaintiff in the District Court in proceedinfgs no. 2494 of 2008 is dismissed with costs including the costs of the motion dated 30 September 2008. (e) The plaintiff to pay the defendant's costs of the application for leave to appeal and the appeal. (f) The plaintiff to be granted a certificate under the Suitors' Fund Act 1951 if otherwise entitled.

CATCHWORDS: STATUTORY INTERPRETATION - acts of parliament - interpretation - effect of delegated legislation on interpretation of act. - TRAFFIC LAW - statutory compensation in respect of motor vehicle accidents - New South Wales - whether application made under s 96 of the Motor Accidents Compensation Act suspends time running under s 109 for the commencement of court proceedings.

Interpretation Act 1987 Motor Accidents Act 1988 LEGISLATION CITED: Motor Accidents Authority of NSW, Motor Accidents Assessment Service, Claims Assessment Guidelines (March 2006) Motor Accidents Compensation Act 1999 Suitors' Fund Act 1951

CATEGORY: Principal judgment

Budge v Kimmorley (NSWSC, Studdert J, 28 June 1991, unreported) Deputy Federal Commissioner of Taxation (SA) v Ellis & Clark Limited [1934] HCA 54; (1934) 52 CLR 85 Hayek v Trujillo [2007] NSWCA 139 CASES CITED: Hunter Resources Limited v Melville [1988] HCA 5; (1988) 164 CLR 234 The Great Fingall Consolidated Limited v Sheehan [1905] HCA 43; (1905) 3 CLR 176 Thorn EMI Pty Limited v Federal Commissioner of Taxation (1987) 71 ALR 728 Webster v McIntosh (1980) 32 ALR 603