Maytom-Rollason v Insurance Australia Limited trading as NRMA [2018] NSWDC 317

District Court New South Wales

Medium Neutral Citation: Maytom-Rollason v Insurance Australia Limited trading as NRMA [2018] NSWDC 317 Hearing dates: 11 September 2018 Date of orders: 11 September 2018 Decision date: 11 September 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Notice of motion lodged on 9 March 2018 dismissed. (2) Defendant is to pay the plaintiff's costs of the motion. (3) The parties are to participate in a mediation on or before 14 December 2018. (4) Matter listed for hearing in the sittings commencing Monday 18 March 2019. Catchwords: TORT – motor vehicle – whether a full and satisfactory explanation pursuant to s 73(7) Motor Accidents Compensation Act 1999 (NSW) provided – short explanation provided in covering letter to the claim form – whether failure to reply to and reject that explanation amounted to failure to reject the explanation within the statutory period Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), s 73 Category: Procedural and other rulings Parties: Plaintiff: Jamie Reid Maytom-Rollason Defendant: Insurance Australia Limited trading as NRMA Representation: Counsel: Plaintiff: Mr J Ryan Defendant: Mr J Guihot

Solicitors: Plaintiff: Crown Solicitor's Office Defendant: Hall & Wilcox Lawyers File Number(s): 2018/30488 Publication restriction: None

Judgment

The application before the court 1. The defendant by notice of motion filed on 7 March 2018 brings an application in the following terms: 1. The proceedings be dismissed pursuant to s 73(7) Motor Accidents Compensation Act 1999 (NSW) on the ground that the plaintiff has failed to provide a full and satisfactory explanation for the delay in making the claim. 2. The plaintiff to pay the defendant's costs of the proceedings. 3. Any other order the Court deems fit. 1. This motion first came before the District Court in the Newcastle Registry on 12 March 2018 when I made orders as follows: 1. Plaintiff to serve medical evidence relied upon in the existing claim by 26 March 2018. 2. Defendant to serve its medical and other evidence, including medical and other experts, by 21 June 2018. 3. Defendant to serve its liability expert and other evidence by 21 June 2018. 4. Plaintiff to complete service of refresher medical evidence by 16 August 2018. 5. Plaintiff to serve its liability evidence in reply by 16 August 2018. 6. That this matter and the related proceedings, plaint no: 2014/280720 travel together and evidence in one be evidence in the other. 7. Parties have leave to refer to pleadings, reports and other evidence filed and served, and to documents produced under subpoena, in the related proceedings, plaint no: 2014/280720. 8. Matter stood over to Monday 3 September 2018 for further directions. 9. Liberty to either party to restore matter to the list on 5 days' notice. 1. The matter came on for hearing today. Mr Ryan made an application for the determination of a preliminary issue, namely whether the application should be dismissed on the point that the explanation contained in the Crown Solicitor's letter of 20 February 2017 had in fact been rejected.