Smith v NRMA Insurance Ltd [2017] NSWCA 172

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Smith v NRMA Insurance Ltd [2017] NSWCA 172 Hearing dates: 15 February 2017 Decision date: 18 July 2017 Before: McColl JA, Simpson JA, Sackville AJA Decision: 1. Extend the time for filing the notice of appeal until 2 October 2015. 2. Appeal dismissed. Catchwords: TORTS – negligence – whether appellant established on balance of probabilities that driver of vehicle responsible for collision was conscious and in control of vehicle at time of collision Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), s 7J(5), Part 1.2 Motor Accidents Compensation Amendment Act 2006 (NSW), Part 1.2 Div 2

Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Layton Smith by his tutor Troy Smith v NRMA Insurance Ltd [2014] NSWSC 1518 Smith v NRMA Insurance Limited [2016] NSWCA 250 Category: Principal judgment Parties: Layton Smith by his tutor Geraldine Daley (Appellant) NRMA Insurance Limited (Respondent) Representation: Counsel: Mr BJ Gross QC / Mr RD Michael (Appellant) Mr PJ Deakin QC / Ms NP Compton (Respondent)

Solicitors: Carroll & O'Dea Lawyers (Appellant) Hall & Wilcox Lawyers (Respondent) File Number(s): 2014/341970 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2014] NSWSC 1518 Date of Decision: 3 November 2014 Before: Button J File Number(s): 2007/20176