A determination under s 43A(7) of the Motor Accidents Act 1988 (NSW) that a claimant does not have a full and satisfactory explanation for delay is a normative judgment, not a discretion. On appeal, the question is whether the trial judge's determination was open to him, not whether the appellate court would have reached a different conclusion. Knowledge of the six-month time limit is a significant factor: a person with such knowledge 'cannot tarry'. An admission of 'no reasons' for a period of inaction is capable of being a 'full' explanation but will weigh against the explanation being 'satisfactory'.
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