Bajramovic v Calubaquib [2015] NSWCA 139

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bajramovic v Calubaquib [2015] NSWCA 139 Hearing dates: 23 April 2015 Date of orders: 21 May 2015 Decision date: 21 May 2015 Before: Emmett JA at [1]; Leeming JA at [54]; Adamson J at [59] Decision: (1) Leave to appeal be granted.

(2) The notice of appeal filed on 19 March 2014 stand as the notice of appeal.

(3) The appeal be allowed.

(4) The orders made by the District Court on 20 December 2013 be set aside.

(5) The summons of 18 January 2013 be remitted to the District Court for determination of the question of whether or not the applicant has provided a full and satisfactory explanation for his delay in commencement of proceedings for recovery of damages in respect of the injuries suffered in the accident on 20 November 2007.

(6) The respondent pay the applicant's costs of the application for leave to appeal and of the appeal. Catchwords: PROCEDURE – judgments and orders – second application for leave under s 109(1) of the Motor Accidents Compensation Act 1999 (NSW) – whether that application was an abuse of process – whether the trial judge erred in failing to consider whether the applicant had provided a full and satisfactory explanation for the delay in commencing proceedings

PROCEDURE – conduct of proceedings – party bound by the way in which his or her counsel conducts a trial – jurisdiction to interfere in the case of inadvertence or incompetence on the part of an advocate Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-60 Motor Accidents Compensation Act 1999 (NSW), ss 3, 66, 89A, 94, 95, 109 Cases Cited: Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Chouman v Margules (1993) 17 MVR 144 D A Christie Pty Ltd v Baker [1996] 2 VR 582 Evans v Evans [2011] NSWCA 92 Fletcher v Besser [2010] NSWCA 30 Lachlan v HP Mercantile Pty Ltd [2015] NSWCA 130 Levy v Bablis [2012] NSWCA 128 Nominal Defendant v Manning [2000] NSWCA 80; 50 NSWLR 139 Rebenta Pty Ltd v Wise [2009] NSWCA 212 Rogers v The Queen [1994] HCA 42; 181 CLR 251 Wentworth v Rogers (Supreme Court (NSW), Sperling J, 28 April 1995, unrep) Category: Principal judgment Parties: Almin Bajramovic (Applicant) Briccio Calubaquib (Respondent) Representation: Counsel: R Sheldon SC with P Khandhar (Applicant) J Turnbull (Respondent)