NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Cole-Herring v Bourke [2018] NSWDC 41 Hearing dates: 2 March 2018 Date of orders: 06 March 2018 Decision date: 06 March 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Notice of motion dismissed. (2) Costs to be plaintiff's costs in the cause. (3) Matter stood over to the Case Managed List before the Judicial Registrar on Friday 9 March 2018 for future directions. Catchwords: TORT – motor vehicle claim – application by defendant for claim to be dismissed for breach of s 72 of the Motor Accidents Compensation Act 1999 (NSW) – whether plaintiff had provided a full and satisfactory explanation for delay – no issue of principle Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 66, 72 and 73 Cases Cited: Curnow v Roman Catholic Trust Corp Diocese of Melbourne [2006] VSC 364 Diaz v Truong (2002) 37 MVR 158 Karambelas v Zaknic (No 2) (2014) 69 MVR 127 Nominal Defendant v Browne (2013) 64 MVR 214 Smith v Grant (2006) 67 NSWLR 735 Walker v Howard (2009) 78 NSWLR 161 Category: Procedural and other rulings Parties: Plaintiff: Emily Rose Cole-Herring Defendant: Joshua David Bourke Representation: Counsel: Plaintiff: Mr A Canceri Defendant: Mr R Perla
Solicitors: Plaintiff: CMC Lawyers Defendant: Moray & Agnew File Number(s): 2017/361265 Publication restriction: None
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