Cook v Equipment & Service Co Pty Limited [2015] NSWDC 397

District Court New South Wales

Medium Neutral Citation: Cook v Equipment & Service Co Pty Limited [2015] NSWDC 397 Hearing dates: 19-21 October 2015 Date of orders: 21 October 2015 Decision date: 21 October 2015 Jurisdiction: Civil Before: Neilson DCJ Decision: Leave to the plaintiff to commence proceedings against the defendant claiming damages under MACA

Proceedings transferred back to Albury

Plaintiff to file and serve a statement of claim in the form attached to the notice of motion, filed on 20 February 2015, within 14 days

Defendant to file and serve a defence to the statement of claim within 28 days of service of the statement of claim

Listed for directions at the next civil sittings of the District Court at Albury

Liberty to either party to apply to the Registrar at Albury for any earlier directions hearing or status conference

Costs of the notice of motion are the defendant's costs in the cause Catchwords: MOTOR ACCIDENTS COMPENSATION - Application to commence proceedings after expiration of limitation period of 3 years – Non-statutory considerations when applying the statutory provisions – Whether full and satisfactory explanation of delay – Plaintiff's personal circumstances – Plaintiff's dealings with lawyers – Plaintiff living, working and injured in Western New South Wales Legislation Cited: Motor Accidents Compensation Act 1990 Category: Procedural and other rulings Parties: Wayne George Cook (Applicant) Equipment & Service Co Pty Limited (Respondent) Representation: Counsel: Mr I Judd (Applicant) Ms K Balendra (Respondent)