El Jendi v The Trustee for P Mouawad Family Trust trading as P Mouawad Constructions Pty Ltd [2019] NSWSC 1852

Supreme Court New South Wales

Medium Neutral Citation: El Jendi v The Trustee for P Mouawad Family Trust trading as P Mouawad Constructions Pty Ltd [2019] NSWSC 1852 Hearing dates: 27 November 2019 Date of orders: 19 December 2019 Decision date: 19 December 2019 Jurisdiction: Common Law Before: Wright J Decision: (1) The plaintiff has leave to file an amended statement of claim in the form annexed to the first amended notice of motion filed on 27 November 2019 or in such other form as may be agreed between the parties. (2) The plaintiff is to pay the defendant's costs, if any, thrown away as a result of the amendment. (3) The application for leave to commence proceedings under s 109(1) of the Motor Accidents Compensation Act 1999 (NSW) is dismissed. (4) The plaintiff is to pay the defendant's costs of the applications. Catchwords: TRAFFIC LAW AND TRANSPORT — Traffic law — Motor accident legislation — Time limits – failure to commence proceedings for damages within three years of accident – requirement of leave – Motor Accidents Compensation Act 1999 (NSW), s 66(2) and s 109(3) – whether evidence established a "full and satisfactory" explanation for the delay – explanation for delay not full and satisfactory – leave not granted Legislation Cited: Civil Liability Act 2002 (NSW) Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Emad Trolley Pty Ltd v Shigar (2003) 57 NSWLR 636; [2003] NSWCA 231 Dijakovic v Perez [2015] NSWCA 174; 71 MVR 334 Transport Accident Commission of Victoria v Jovanic [2019] NSWSC 113 Walker v Howard (2009) 78 NSWLR 161; [2009] NSWCA 408 Category: Principal judgment Parties: Abdulmenhem El Jendi (plaintiff)