Young Lim Jeon v Sul (Jolie) Lyu [2011] NSWDC 145

District Court New South Wales

Medium Neutral Citation: Young Lim Jeon v Sul (Jolie) Lyu [2011] NSWDC 145 Hearing dates: 23 August 2011 Decision date: 30 August 2011 Jurisdiction: Civil Before: Judge M Sidis Decision: 1. I grant leave pursuant to s 109(1) of the Motor Accident Compensation Act 1999 to the plaintiff to commence proceedings in respect of the claim. 2. The statement of claim is to be filed and served by 9 September 2011. 3. The defendant is to pay the plaintiff's costs of the application 4. The affidavit materials are returned. Catchwords: LIMITATION: leave to commence proceedings in respect of motor vehicle accident - no claim of prejudice by defendant - explanation for delay accepted as full - whether satisfactory in light of agreement between plaintiff and defendant to misreport the cause of plaintiff's injury - plaintiff and defendant South Korean nationals studying in Australia - defendant feared criminal conviction and deportation - whether explanation that involved participation in deception could be regarded as satisfactory Legislation Cited: Motor Accidents Compensation Act 1999 Cases Cited: Figliuzzi v Yonan (2005) NSW CA 290 Category: Principal judgment Parties: Young Lim Jeon (Plaintiff/Applicant) Sul Lyu (Jolie) (Defendant/Respondent) Representation: Ms. J Borrie (For Plaintiff/Applicant) Mr. S M Barry (For Defendant/Respondent) Thomas Julius Groudkamp (Plaintiff/Applicant) CKB Partners (Defendant/Respondent) File Number(s): 2011/00220079