Phoebe Orilla v Brian Chown [2013] NSWDC 226

District Court New South Wales

Medium Neutral Citation: Phoebe Orilla v Brian Chown [2013] NSWDC 226 Hearing dates: 24 October 2013 Decision date: 22 November 2013 Before: Letherbarrow SC DCJ Decision: Leave granted pursuant to s109 of the Motor Accidents Compensation Act, 1999 Catchwords: Full and satisfactory explanation - reasonable person in the position of the claimant - solicitor's conduct - damages of all kinds likely to be awarded - prejudice Legislation Cited: Motor Accidents Compensation Act,1999 s66, s109 Cases Cited: Walker v Howard [2009] NSWCA 408, Lyu v Jeon [2012] NSWCA 446, Russo v Aiello [2003] HCA 53, Smith v Grant [2006] NSWCA 244, Khoury v Linfox Australia Pty Ltd [2006] NSWCA 51, Holt v Wynter [2000] NSWCA 143, Sauer v Allianz Australia Insurance Ltd [2006] NSWCA 314, Sinclair v Darwich [2010] NSWCA 195, Eades v Gunestepe [2012] NSWCA 204 Category: Interlocutory applications Parties: Plaintiff: Phoebe Orilla Defendant: Brian Chown Representation: Plaintiff: Mr Goodridge Defendant: Mr Ronzani Plaintiff: Monaco Solicitors Defendant: Lee and Lyons Lawyers File Number(s): 2012/255676

Judgment

Introduction 1By her notice of motion filed 12 September 2012, the plaintiff seeks to leave pursuant to section 109 of the Motor Accidents Compensation Act, 1999, (MACA) "to commence and continue" proceedings against the defendant in relation to injuries she sustained in an accident which occurred on 17 March 2009. 2As the terms of the motion would indicate, the plaintiff commenced proceedings in relation to such accident by filing a statement of claim on 16 August last which has since been amended in ways not relevant to the current motion. In it, the plaintiff pleads that on the abovementioned date at about 5:30pm, she was stationary in a motor vehicle on Hoskins Street at Temora "having just reversed from a parking space and (was) preparing to move off", when her vehicle was struck from behind by the vehicle being driven by the defendant. 3The leave sought was opposed by the defendant for whom Mr Ronzani, of counsel, appeared. Mr Goodridge, of counsel, appeared for the plaintiff.