Soo Pin TAN v Lorima BASAGA [2010] NSWSC 1143

New South Wales Supreme Court

CITATION : Soo Pin TAN v Lorima BASAGA [2010] NSWSC 1143

HEARING DATE(S) : 16 September 2010

JUDGMENT DATE : 11 October 2010

JURISDICTION : Common Law

JUDGMENT OF : McCallum J

DECISION : Application dismissed.

CATCHWORDS : Motor accident compensation claim - application to have claim dismissed on the ground of delay - whether full and satisfactory explanation for the delay - where claimant ignorant of existence of cause of action

LEGISLATION CITED : Motor Accidents Compensation Act 1999

CATEGORY : Procedural and other rulings

Figliuzzi v Yonan [2005] NSWCA 290 CASES CITED : Russo v Aiello [2003] HCA 53; 215 CLR 643 Walker v Howard [2009] NSWCA 408

PARTIES : Soo Pin TAN (Plaintiff) Lorima BASAGA (Defendant)

FILE NUMBER(S) : SC 10/131250

COUNSEL : S. Norton SC / E.Welsh (Plaintiff) W. Fitzsimmons (Defendant)

SOLICITORS : Brydens (Plaintiff) Moray & Agnew (Defendant)

- 12 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

McCALLUM J

11 OCTOBER 2010

2010/131250 Soo Pin TAN v Lorima BASAGA

JUDGMENT 1 McCALLUM J: Dr Soo Pin Tan is a medical practitioner. On 20 August 2005, while he was driving to work at Wollongong Hospital, Dr Tan's car was hit by another car when its driver tried to overtake in the left hand lane on the entrance ramp to the M5 motorway at Bexley. Dr Tan alleges that the collision occurred at a relatively high speed and involved a good deal of force. His car collided with the roadside barrier a number of times and he sustained injuries to his neck and back. 2 Dr Tan claims damages in negligence from the driver of the car, Mr Lorima Basaga. The application presently before the Court is an application by Mr Basaga's insurer to have the claim dismissed on the ground of delay in accordance with the provisions of s 73 of the Motor Accidents Compensation Act 1999.