Zein v Wazen [2019] NSWDC 392

District Court New South Wales

Medium Neutral Citation: Zein v Wazen [2019] NSWDC 392 Hearing dates: 5 and 19 July 2019 Date of orders: 09 August 2019 Decision date: 09 August 2019 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. In the notice of motion filed by the plaintiff on 1 May 2019, pursuant to s 109 of the MAC Act, the plaintiff is granted leave to commence and to maintain the present proceedings; 2. The plaintiff's costs of the notice of motion filed on 1 May 2019 are to be paid by the defendant, except in relation to the short hearing on 19 July 2019, in respect of which the defendant's costs of that hearing are to be paid by the plaintiff; 3. In the notice of motion filed by the defendant on 10 May 2019, pursuant to s 119 of the MAC Act, Insurance Australia Limited trading as NRMA Insurance is joined as a party to the proceedings; 4. The costs incurred by the parties in respect of the defendant's motion filed on 10 May 2019 are to be costs in the cause; 5. Within 14 days of today's date, the parties are required to agree upon and file an amended statement of claim that gives effect to order (3) above; 6. The costs the subject of orders (2) and (4) above are to be agreed or assessed on the ordinary basis unless a party is able to show the basis for some other costs order; 7. The exhibits may be returned;

8. Liberty to apply on 7 days' notice if further or other orders are required. Catchwords: LIMITATION OF ACTIONS – negligence – motor vehicle accident – claim for damages for alleged negligence – whether delay in commencing proceedings has been explained fully and satisfactorily and whether damages threshold stipulated by s 109(3)(b) of the Motor Accidents Compensation Act 1999 (NSW) has been met – joinder of insurer pursuant to s 119 of the Motor Accidents Compensation Act 1999 (NSW) Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), s 66, s 81, s 109, s 119 Uniform Civil Procedure Rules 2005, Sch 7 cl 3(d) Cases Cited: Dijakovic v Perez [2015] NSWCA 174 Eades v Gunestepe [2012] NSWCA 204 Insurance Australia Limited trading as NRMA v Ural [2015] NSWSC 620 Insurance Australia Limited v Dent [2019] NSWCA 134 Sinclair v Darwich [2010] NSWCA 195 Smith v Grant [2006] NSWCA 244 Category: Procedural and other rulings Parties: Nassim Khodr Zein (Plaintiff) Said Wazen (Defendant) Representation: Counsel: Mr J Jobson (Plaintiff) Mr J Guihot (Defendant)