Bano v Lucic [2013] NSWDC 224

District Court New South Wales

Medium Neutral Citation: Bano v Lucic [2013] NSWDC 224 Hearing dates: 20/08/2013 & 24/10/2013 Decision date: 19 November 2013 Jurisdiction: Civil Before: Levy SC DCJ Decision: See paragraph [48] for orders [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: LIMITATION OF ACTIONS - contested application by plaintiff seeking leave to proceed with motor vehicle accident claim filed out of time - whether delay fully and satisfactorily explained - whether relevant prejudice demonstrated; COSTS - which party should pay costs Legislation Cited: Motor Accidents Compensation Act 1999, s 66(2), s 72, s 73, s 109 Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Ellis v Reko Pty Limited [2010] NSWCA 319 Smith v Grant [2006] NSWCA 244 Walker v Howard [2009] NSWCA 408 Category: Interlocutory applications Parties: Farida Bano (Plaintiff) Adrijana Lucic (Defendant) Representation: Mr P Khandhar (Plaintiff) Mr ID Cullen (Defendant) Brydens (Plaintiff) McInnes Wilson (Defendant) File Number(s): 2013/15542 Publication restriction: None