Rushton v Fehoko [2018] NSWDC 307

District Court New South Wales

Medium Neutral Citation: Rushton v Fehoko [2018] NSWDC 307 Hearing dates: 21 September 2018 (Last submissions 22 October 2018) Date of orders: 26 October 2018 Decision date: 26 October 2018 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. Finding that the plaintiff has provided a full and satisfactory explanation for the delay in commencing these proceedings;

2. Pursuant to s 109(3) of the Motor Accidents Compensation Act 1999, the plaintiff is granted leave to commence proceedings although out of time in relation to mental harm and psychological illness he has suffered as a result of the death of his father in a motor vehicle accident which occurred on 14 January 2013;

3. The leave referred to in order (2) above is to commence on 15 December 2017 when the plaintiff's statement of claim was filed;

4. The defendant is to pay the plaintiff's costs of the hearing on the ordinary basis unless a party is able to show the basis for some other costs order;

5. Liberty to apply on 7 days notice if further or other orders are required. Catchwords: LIMITATION OF ACTIONS – application by plaintiff pursuant to s109(3) of the Motor Accidents Compensation Act 1999 seeking leave to bring proceedings out of time – finding that plaintiff's explanation for the delay in commencing the proceedings are full and satisfactory – leave granted Legislation Cited: Civil Procedure Act 2005, s 56, s 98 Motor Accidents Compensation Act 1999, s 66, s 109 Cases Cited: Holt v Wynter [2000] NSWCA 895 Salvation Army (South Australia Property Trust) v Rundle [2008] NSWCA 347 Walker v Howard [2009] NSWCA 408 Category: Procedural and other rulings Parties: Luke William Rushton (Plaintiff) Kuli Fehoko (Defendant) Representation: Counsel: Mr K Andrews (Plaintiff/Applicant) Mr J Catsanos (Defendant/Respondent)