Karambelas v Zaknic [2014] NSWCA 187

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Karambelas v Zaknic [2014] NSWCA 187 Hearing dates: 5 June 2014 Decision date: 05 June 2014 Before: Basten JA; Ward JA Decision: (1) Grant leave to appeal. (2) Costs of the application for leave to appeal will be costs in the proceedings in this Court. [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: PRACTICE AND PROCEDURE - application for leave to appeal - whether primary judge applied statute correctly - whether reasons for rejecting explanation for delay in making claim adequate - whether inconsistent decisions of court of appeal

TORTS - motor accident claim - failure to make claim within six month period - whether full and satisfactory explanation given for delay - whether relevant delay from date of accident to making of claim or to date of court hearing - Motor Accidents Compensation Act 1999 (NSW), ss 66, 73 Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 66, 72, 73 Cases Cited: Mancini v Thompson [2002] NSWCA 38 Nominal Defendant v Browne [2013] NSWCA 197 Category: Procedural and other rulings Parties: Fofie Karambelas (Applicant) Jessica Zaknic (First Respondent) Sladjan Lakic (Second Respondent) Representation: Counsel: Mr R Sheldon SC/Ms L Welsh (Applicant) Mr M A Cleary (Respondents) Solicitors: Brydens Compensation Lawyers (Applicant) Moray & Agnew Lawyers (Respondents) File Number(s): CA 2014/4958 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-12-09 00:00:00 Before: Sorby DCJ File Number(s): DC 2013/231274