Neskovic v Beydoun [2018] NSWDC 379

District Court New South Wales

Medium Neutral Citation: Neskovic v Beydoun [2018] NSWDC 379 Hearing dates: 17 October 2018 Date of orders: 17 October 2018 Decision date: 17 October 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Defendant's notice of motion granted; these proceedings stayed until further order pursuant to s 86(4) Motor Accidents Compensation Act 1999 (NSW) whilst the plaintiff continues to fail to comply with the defendant's request to undergo a FIM Assessment for the purpose of determining his eligibility for lifetime participation in the Lifetime Care and Support Scheme. (2) Liberty to apply on three (3) days' notice in relation to order 1 above. (3) These proceedings placed in the Inactive List until further order (with a review date of 13 December 2018). (4) Plaintiff pay defendant's costs. Catchwords: MOTOR VEHICLE – plaintiff commences proceedings for personal injury following motor vehicle accident – defendant seeks a stay of proceedings pursuant to s 86(4) Motor Accidents Compensation Act 1999 (NSW) on the basis of the plaintiff's refusal to comply with the defendant's request to undergo a FIM assessment for the purpose of determining his eligibility for participation in the Lifetime Care and Support Scheme – whether stay should be granted – import of the word "must" in s 86(1) – stay granted Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Motor Accidents Compensation Act 1999 (NSW), s 86 Cases Cited: Adilzada v The Nominal Defendant [2016] NSWDC 24 Allianz Australia Insurance Ltd v Ridge [2018] NSWSC 1239 Daly v Thiering (2013) 249 CLR 381 Mahommed v Unicomb [2017] NSWCA 65 Nominal Defendant v Adilzada [2016] NSWCA 266 Category: Procedural and other rulings Parties: Plaintiff: Zoran Neskovic Defendant: Ahmad Beydoun Representation: Counsel: Plaintiff: Mr M Daley Defendant: Mr J Sewell