A claimant seeking leave to commence motor accident proceedings out of time under s 52(4) of the Motor Accidents Act 1988 (NSW) who delayed because of an uninformed assumption about legal entitlements must show that a reasonable person in their position would not have sought legal advice to verify that assumption. The correct question is not whether the belief was bona fide or reasonably held, but whether a reasonable person holding that belief would have left the matter without making a basic inquiry of a qualified person. Working in a legal environment and having awareness of time limits and CTP insurance are factors weighing against the claimant on this test. The question of whether the 'reasonable person' test is satisfied is left open where the claimant had no access to legal advice and no reason to doubt their assumption.
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