Prejudice to the defendant is not a relevant consideration in determining whether to dismiss proceedings for a late claim under s 43A(7) of the Motor Accidents Act 1988 (NSW). The requirement for a 'full' explanation focuses on the claimant's conduct, actions, knowledge and belief from the date of the accident, not on the completeness of medical history disclosure. Where a worker's tortious injury is aggravated by a subsequent work incident that is not a novus actus, the Thackham principle requires the court to determine whether the second incident caused any incapacity giving rise to workers' compensation entitlements, and if so, to deduct those entitlements from the damages verdict. A concession by the plaintiff that he has no workers' compensation rights in respect of the second incident does not resolve the issue.
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