Mehmet v Candemir [2013] NSWSC 1897

Supreme Court New South Wales

Medium Neutral Citation: Mehmet v Candemir [2013] NSWSC 1897 Hearing dates: 11/09/2013 Decision date: 19 December 2013 Before: Fullerton J Decision: 1. The statement of claim is dismissed. 2. The plaintiff is to pay the costs of the notices of motion of the first, second and third defendants dated 21 February 2013 and 19 February 2013 respectively as assessed or agreed. Catchwords: LIMITATION OF ACTIONS - plaintiff injured in car accident whilst at work - application to commence proceedings out of time Legislation Cited: Limitation Act 1969 Motor Accidents Compensation Act 1999 Workers Compensation Act 1987 Cases Cited: Allianz Australia Insurance Ltd v MAA [2011] NSWSC 102 Coal & Allied Operations Pty Ltd t/as Hunter Valley Operations (Howick Mine) v Stringer [2003] NSWCA 271 GIO General Limited v Smith [2011] NSWSC 802 Itek Graphix Pty Limited v Elliott [2001] NSWCA 442 Nominal Defendant v Harris [2011] NSWCA 70 Smith v Grant [2006] NSWCA 244; 67 NSWLR 735 Walker v Howard [2009] NSWCA 408; 78 NSWLR 161 Zotti v Australian Associated Motor Insurers Ltd [2009] NSWCA 323 Category: Interlocutory applications Parties: Menekshe Mehmet (Plaintiff) Ahmet Candemir (1st Defendant) Anthony Matthew Franks (2nd Defendant) Kevin Patrick Day (3rd Defendant) Representation: Counsel: P Webb QC / K Balendra (Plaintiff) J Turnbull (1st Defendant) K Rewell SC (2nd & 3rd Defendants) Solicitors: Slater & Gordon Lawyers (Plaintiff) TL Lawyers (1st Defendant) QBE Insurance (Australia) Limited, CTP Legal (2nd & 3rd Defendants) File Number(s): 2012/377795