Choukor v Spiroski (No 2) [2017] NSWDC 15

District Court New South Wales

Medium Neutral Citation: Choukor v Spiroski (No 2) [2017] NSWDC 15 Hearing dates: On written submissions Date of orders: 02 February 2017 Decision date: 02 February 2017 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Order 2 made by the Court on 13 December 2016 is vacated; (2) The plaintiff's costs of the defendant's Notice of Motion filed on 20 July 2016 be the plaintiff's costs in the cause. The defendant is to pay his own costs of the application; (3) The parties have liberty to apply on two business days' notice. Catchwords: Costs - motor accident claim – tort - negligence – failure by the plaintiff to make a claim within 6 months after the date of the accident – held the plaintiff had given a full and satisfactory explanation for the delay in making the claim – whether the conduct of the defendant in making the application was unreasonable in the circumstances Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 2005 (NSW) Motor Accidents Compensation Act 1999 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Choukor v Spiroski [2016] NSWDC 358 Commonwealth of Australia v Smith [2005] NSWCA 478 Holt v Wynter (2000) 49 NSWLR 128 Smith v Grant [2006] NSWCA 244 The Salvation Army (South Australia Property Trust) v Rundle [2008] NSWCA 347 Category: Procedural and other rulings Parties: Fatima Choukor (Plaintiff) Riste Spiroski (Defendant) Representation: Counsel: M Daley (Plaintiff) B Wilson (Defendant)