Paice v Hill

[2009] NSWCA 156

NSW Court of Appeal

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Interrogate

Catchwords

1. Traffic Law
2. › Statutory compensation in respect of motor vehicle accidents
3. › New South Wales
4. › Time limitations on commencement of court proceedings
5. › Whether application for special assessment of dispute under s 96 suspends time running under s 109(2)
6. › Motor Accidents Compensation Act 1999 (NSW), ss 94, 96, 109
1. Traffic Law
2. › Statutory compensation in respect of motor vehicle accidents
3. › New South Wales
4. › Time limitations on commencement of court proceedings
5. › Whether substantially incomplete application for assessment under s 94 is valid application suspending time
6. › Motor Accidents Compensation Act 1999 (NSW), ss 94, 109
1. Statutory Interpretation
2. › Acts of parliament
3. › Effect of delegated legislation on interpretation of Act
4. › Whether guidelines issued under statute may be used to construe the Act itself

Quick Take

An application for a special assessment of a dispute under s 96 of the Motor Accidents Compensation Act 1999 (NSW) does not suspend the running of the three-year time limit under s 109(2). Only assessments of claims under s 94 (or exemptions under s 92) suspend time. A substantially incomplete application for assessment under s 94 that fails to provide information sufficient to enable the insurer to properly assess the claim is invalid and does not suspend time. Claimants making late claims must lodge a compliant s 94 application to stop time running.