Hunter v Roberts [2019] NSWCA 116

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hunter v Roberts [2019] NSWCA 116 Hearing dates: 22 March 2019 Date of orders: 20 May 2019 Decision date: 20 May 2019 Before: Meagher JA at [1]; Brereton JA at [28]; Simpson AJA at [34] Decision: 1. Extend to 7 August 2018 the time under Uniform Civil Procedure Rules 2005 (NSW) r 51.9(1)(b) for the filing of a summons seeking leave to appeal. 2. Note the undertaking to the Court of the solicitor for the applicant that the firm Gerard Malouf & Partners will not make any claim for or recover any costs of or incidental to the making of that application for an extension of time. 3. Grant the applicant leave to appeal from the orders of the District Court made on 23 March 2018. 4. Direct that the notice of appeal be filed within 7 days. 5. Allow the appeal. 6. Set aside orders 1, 2 and 3 made by the District Court on 23 March 2018. 7. Order that the respondent's notice of motion filed in the District Court on 28 June 2016 be dismissed. 8. Order that the respondent pay the applicant's costs of that motion. 9. Order that the respondent pay the applicant's costs of the appeal. Catchwords: TORTS – motor vehicle accident – notice of claim – Motor Accidents Compensation Act 1999 (NSW), s 73 – where claim not made within six months of accident – where applicant seriously injured and had no knowledge of claims process – whether applicant had "full and satisfactory explanation" for delay Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 66, 72, 73 Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), r 51.9 Cases Cited: Brierley v Ellis [2014] NSWCA 230 Karambelas v Zaknic (No 2) [2014] NSWCA 433 Russo v Aiello [2001] NSWCA 306 Category: Principal judgment Parties: Kelly Hunter (applicant) Jonathon Roberts (respondent) Representation: Counsel: A Casselden SC, J Malouf (applicant) I Roberts SC (respondent)