Pattie v Panetta [2014] NSWDC 263

District Court New South Wales

Medium Neutral Citation: Pattie v Panetta [2014] NSWDC 263 Hearing dates: 30 October 2014 Decision date: 31 October 2014 Jurisdiction: Civil Before: Cogswell SC DCJ Decision: (1) In respect of the notice of motion filed by the defendant on 23 May 2014 I refuse the orders sought in paragraphs 1 and 2 of that notice of motion. The costs of the motion will be costs in the cause.

(2) In respect of the notice of motion filed on behalf of the plaintiff on 9 October 2014, I make the order sought in paragraph 1 of that notice of motion and the costs of that motion will be costs in the cause. Catchwords: CIVIL LAW - procedure - expired limitation periods - Motor Accidents Compensation Act 1999 - claim against insurer - commencement of court proceedings - full and satisfactory explanation for delay provided - reasonable reliance on advice obtained concerning workers' compensation v third party insurance - total damages likely to be awarded not less than $91,500 - plaintiff granted leave to commence proceedings non pro tunc - costs in the cause Legislation Cited: Motor Accidents Compensation Act 1999, ss 66, 72, 73, 109 Cases Cited: Brierley v Ellis [2014] NSWCA 230 Eades v Gunestepe [2012] NSWCA 204 Smith v Grant [2006] NSWCA 244; 67 NSWLR 735 Walker v Howard [2009] NSWCA 408; 78 NSWLR 161 Category: Procedural and other rulings Parties: Fiona Pattie (plaintiff) Salvatore Antonio Panetta (defendant) Representation: Counsel: J Gumbert (plaintiff) N Ghabar (defendant)