Nouf El Hajjar BHT NSW Trustee and Guardian v Georgoulopoulos [2017] NSWDC 335

District Court New South Wales

Medium Neutral Citation: Nouf El Hajjar BHT NSW Trustee and Guardian v Georgoulopoulos [2017] NSWDC 335 Hearing dates: 22 September 2017Submissions closed 10 November 2017 Date of orders: 16 November 2017 Decision date: 16 November 2017 Jurisdiction: Civil Before: Wilson SC DCJ Decision: 1 In relation to the defendant's Amended Notice of Motion filed on 22 June 2017, I make the following orders:

(a) that the defendant's Notice of Motion be dismissed; (b) that the defendant pay the plaintiff's costs of that Notice of Motion;

2 In relation to the plaintiff's Notice of Motion filed 4 August 2017, I make the following orders:

(a) that the plaintiff be granted leave pursuant to s73(1) of the Motor Accidents Compensation Act 1999 to make a late claim; (b) that pursuant to s85B(7) of the Motor Accidents Compensation Act 1999 the plaintiff's claim be reinstated with effect from the date of filing of the Statement of Claim, being 5 February 2016; (c) that the costs of the plaintiff's Notice of Motion be costs in the cause;

3 In relation to both Notices of Motion:

(a) both parties have leave to apply on 14 days' notice to vary the costs orders above; (b) exhibits are to be returned forthwith.

4 These proceedings and the related proceedings of Hajjar bht New South Wales Trustee and Guardian v AAMI Limited t/a AAMI (2016/38208) are listed for directions before the Judicial Registrar on Thursday 30 November 2017 at 9.30am. Catchwords: MOTOR ACCIDENT – late claim – delay in providing particulars – whether an explanation by the claimant's solicitor is sufficient under s66(2) or whether the explanation must be made by the claimant personally – where claimant under a legal disability - whether defendant lost right to object to late claim by not rejecting explanation in time - whether the claimant has provided an explanation which is full and satisfactory – whether damages of all kinds likely to be awarded exceed 25% of maximum for non-economic loss Legislation Cited: Motor Accidents Compensation Act 1999 s66(2), s73, s85B Cases Cited: Davis v Swift [2014] NSWCA 458 Walker v Howard [2009] NSWCA 408 Category: Principal judgment Parties: Nouf El Hajjar BHT NSW Trustee and Guardian v Georgoulopoulos Representation: Counsel: Mr P Semmler QC with Mr A Campbell (Plaintiff) Mr B Wilson (Defendant)