Bird by her next friend Bird v Connell [2016] NSWDC 276

District Court New South Wales

Medium Neutral Citation: Bird by her next friend Bird v Connell [2016] NSWDC 276 Hearing dates: 28 October 2016 Date of orders: 01 November 2016 Decision date: 01 November 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Pursuant to s 109 Motor Accidents Compensation Act 1999 (NSW), extend time for commencement of these proceedings to the date of the statement of claim filed in these proceedings, namely 17 May 2016. (2) Plaintiff pay defendant's costs. (3) Liberty to restore in relation to costs. (4) Exhibits retained for 28 days. Catchwords: TORT – personal injury – application for extension of time under s 109 Motor Accidents Compensation Act 1999 (NSW) for proceedings commenced one year after limitation period expiry – child aged seven a passenger in her mother's car in a motor vehicle accident in 2012 in which her mother is seriously injured – child's pre-existing disabilities prevent early recognition of mental injuries she suffered – liability admitted by defendant but thereafter the solicitors consulted by the plaintiff's mother as tutor neglect the plaintiff's claim – plaintiff's mother not informed of expiry of limitation period for her daughter's claim until shortly before proceedings commenced – whether the plaintiff has provided a full and satisfactory explanation to the court for the delay – extension of time granted Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 66, 81, 82, 85, 85A and 109 Cases Cited: Blackburn v Allianz Australia Insurance Ltd (2004) 61 NSWLR 632 Brierley v Ellis (2014) 67 MVR 282 Dijakovic v Perez (2015) 71 MVR 334 Figliuzzi v Yonan [2005] NSWCA 290 Lyu v Jeon [2012] NSWCA 446 Smith v Grant (2006) 67 NSWLR 735 Walker v Howard (2009) 78 NSWLR 161 Zraika (bnf Zraika) v Walsh (2011) 60 MVR 17 Category: Procedural and other rulings Parties: Plaintiff: Charley Bird by her next friend Sandra Lynne Bird Defendant: Daniela Connell Representation: Counsel: Plaintiff: Mr R Petrie Defendant: Mr J Guihot