Boitalik v Alchin [2019] NSWDC 256

District Court New South Wales

Medium Neutral Citation: Boitalik v Alchin [2019] NSWDC 256 Hearing dates: 22 May 2019; 12 June 2019 Date of orders: 13 June 2019 Decision date: 13 June 2019 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Pursuant to s 110(5) of the Motor Accidents Compensation Act 1999 (NSW), the plaintiff's claim is reinstated. (2) The plaintiff is to file and serve his proposed Statement of Claim which is Annexure A to the affidavit of David Marocchi sworn 8 April 2019 upon the defendant within 14 days. (3) The plaintiff's costs of the Summons are to be costs in the cause. (4) A party may apply to vary the costs order in (3) above within 14 days. Catchwords: Torts – negligence – motor vehicle accident – application by plaintiff to reinstate his claim – whether the plaintiff has a full and satisfactory explanation for the failure to comply with a notice issued by the defendant's insurer Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 66, 110 Cases Cited: Buller v Black [2003] NSWCA 45 Dijakovic v Perez [2015] NSWCA 174 Ellis v Reko Pty Ltd [2010] NSWCA 319 Gower v State of New South Wales [2018] NSWCA 132 Hickey's Transport Pty Ltd v Gordon [2008] NSWCA 167 Karambelas v Zaknic (No 2) [2014] NSWCA 433 McNamara v Fitzgibbon [2005] NSWCA 274 Nominal Defendant v Browne [2013] NSWCA 197 Smith v Grant [2006] NSWCA 244 Walker v Howard [2009] NSWCA 408 Category: Principal judgment Parties: Shajaham Boitalik (Plaintiff) Mark Alchin (Defendant) Representation: Counsel: M Sciglitano (Plaintiff) J Quach (Defendant) (Solicitor)