Robertson v C & P Automotive Engineers Pty Limited [2019] NSWDC 416

District Court New South Wales

Medium Neutral Citation: Robertson v C & P Automotive Engineers Pty Limited [2019] NSWDC 416 Hearing dates: 18, 19 and 24 June 2019 Date of orders: 26 June 2019 Decision date: 26 June 2019 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Leave granted to the claimant under s 109 of the Motor Accidents Compensation Act 1999 to commence proceedings more than three years after the date of the motor accident. (2) Costs reserved. (3) Any application in respect of costs be served and a copy provided to my associate by 12 July 2019 with an indication of available dates. (4) List the matter for directions on Thursday, 4 July 2019 at 10am before the Judicial Registrar. Catchwords: TRAFFIC LAW AND TRANSPORT — traffic law — motor accident legislation — time limits – leave to commence proceedings out of time – full and satisfactory explanation for the delay – negligence of solicitor - prejudice Legislation Cited: Civil Procedure Act 2005, s 65 Motor Accidents Compensation Act 1999, s 4, s 66, s 109 Uniform Civil Procedure Rules 2005, r 6.28, r 6.32 Cases Cited: Smith v Grant (2006) 67 NSWLR 735; [2006] NSWCA 244 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Procedural and other rulings Parties: Jeffrey Robertson (plaintiff/applicant) C & P Automotive Engineers Pty Limited (first defendant/respondent) Sydney Markets Ltd (second defendant) SA & RT Tesoriero Pty Ltd (third defendant) BT Employees Ltd (fourth defendant) Robert Tesoriero (fifth defendant) Representation: Counsel: Mr P J Macarounas (plaintiff/applicant) Mr D Ronzani (first defendant/respondent)