A claimant who participates in making a false claim on a different insurer to conceal the true cause of injuries cannot rely on that conduct as part of a 'satisfactory explanation' for delay in notifying a motor accident claim under s 109(3)(a) of the Motor Accidents Compensation Act 1999 (NSW). The reasonable person standard in s 66(2) does not attribute to the hypothetical reasonable person conduct that is calculated to mislead or known to involve falsehood. The absence of prejudice to the defendant or insurer is irrelevant to whether the delay was 'justified'.
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