Karambelas v Zaknic (No 2) [2014] NSWCA 433

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Karambelas v Zaknic (No 2) [2014] NSWCA 433 Hearing dates: 1 December 2014 Decision date: 15 December 2014 Before: Basten JA at [1]; Meagher JA at [2]; Simpson J at [39] Decision: 1. Appeal allowed. 2. Set aside the orders made by the District Court on 6 December 2013. 3. Respondents' notice of motion filed in the District Court on 17 September 2013 dismissed. 4. Respondents pay the appellant's costs of that notice of motion. 5. Respondents pay the appellant's costs of the appeal. [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: TORTS - motor vehicle accident - notice of claim - claim not made within six months of accident - primary judge erred in addressing period of delay after the claim was made - whether appellant had "full and satisfactory explanation" for delay - Motor Accidents Compensation Act 1999 (NSW), s 73 Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 48, 50, 51, 66(2), 72, 73, 74(1), 94, 95, 96, Pt 3.2, Pt 4.4 Cases Cited: Nominal Defendant v Browne [2013] NSWCA 197; 64 MVR 214 Mancini v Thompson [2002] NSWCA 38 Category: Principal judgment Parties: Fofie Karambelas (Appellant) Jessica Zaknic (First Respondent) Sladjan Lakic (Second Respondent) Representation: Counsel: R Sheldon SC with B Tzatzagos (Appellant) K P Rewell SC with M A Cleary (Respondents) Solicitors Brydens Law Office (Appellant) Moray & Agnew Lawyers (Respondents) File Number(s): 2014/4958 Publication restriction: Nil Decision under appeal Date of Decision: 2013-12-09 00:00:00 Before: Sorby DCJ File Number(s): DC 2013/231274