Wightley v Whitworth & Anor [2014] NSWDC 243

District Court New South Wales

Medium Neutral Citation: Wightley v Whitworth & Anor [2014] NSWDC 243 Hearing dates: 16 July, 15 August & 17 October 2014 Decision date: 19 December 2014 Before: Levy SC DCJ Decision: 1.The notice of motion filed by the defendants on 7 May 2014 is dismissed; 2.In respect of the notice of motion filed by the plaintiff on 21 May 2014, pursuant to s 73(1) and s 109(3) of the Motor Accidents Compensation Act 1999, the time for the plaintiff to file her statement of claim arising from the accident on 26 August 2006 is extended to 11 March 2014; 3.I will hear the parties on the appropriate order for costs in relation to both notices of motion; 4.The exhibits may be returned; 5.Liberty to apply on 7 days notice if further or other orders are required. Catchwords: LIMITATION OF ACTIONS - related contested applications - first, by defendants seeking dismissal of plaintiff's claim for procedural non-compliance with time limits imposed by Motor Accidents Compensation Act 1999 - secondly, by plaintiff seeking leave to proceed with motor vehicle accident personal injury 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, s 72, s 73, s 109 Cases Cited: Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 Nominal Defendant v Browne [2013] NSWCA 197 State of NSW v Moss [2000] NSWCA 133, (2000) 54 NSWLR 536 Walker v Howard [2009] NSWCA 408 Category: Interlocutory applications Parties: Amy Ruth Wightley (Plaintiff) Matt Whitworth (First defendant) Brent Taylor (Second defendant) Representation: Mr J Reimer (Plaintiff - 16 July 2014) Ms E Welsh (Plaintiff - 15 August & 17 October 2014) Mr B Wilson (Defendants) Brydens (Plaintiff) Moray & Agnew (Defendants) File Number(s): 2014/4295 Publication restriction: None