Milan Deur v Regent Metal Roofing Pty Ltd [2019] NSWDC 289

District Court New South Wales

Medium Neutral Citation: Milan Deur v Regent Metal Roofing Pty Ltd [2019] NSWDC 289 Hearing dates: 20, 21 and 22 May 2019 Date of orders: 22 May 2019 Decision date: 22 May 2019 Jurisdiction: Civil Before: Montgomery DCJ Decision: (1) I grant leave pursuant to s 109(1) and (3) of the Motor Accidents Compensation Act (1999) for the plaintiff to commence proceedings out of time by the filing and service of a Statement of Claim in the form of the Proposed Statement of Claim being Exhibit D; (2) One third of the costs of the summons, including preparation of Exhibit SPF1 to the affidavit of Mr Firth made 18 September 2018 and Exhibit 1 to the affidavit of Mr Firth made 14 November 2018, to be the plaintiff's costs in the cause in the principal proceedings; (3) I vacate the admission into evidence of Exhibit SPF1 to the affidavit of Mr Firth made 18 September 2018, and Exhibit 1 to the affidavit of Mr Firth made 14 November 2019; and (4) I return the exhibits. Catchwords: application for leave to extend time for commencement of proceedings pursuant to s 109 MACA; "full" and "satisfactory" explanation Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA 25 Gower v State of NSW [2018] NSWCA 132 Nominal Defendant v Browne [2013] NSWCA 197 Hunter v Roberts [2019] NSWCA 116 Category: Procedural and other rulings Parties: Plaintiff: Mr Milan Deur

Defendant: Regent Metal Roofing Pty Ltd Representation: Counsel: