Karambelas v Zaknic

[2014] NSWCA 187

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Leave to appeal
3. › District Court to Court of Appeal
4. › Whether arguable error in application of statute
5. › Whether inadequate reasons
1. Torts
2. › Motor accident claims
3. › Delay in making claim
4. › Full and satisfactory explanation for delay
5. › Relevant period of delay
6. › Whether delay measured to date of claim or date of hearing
7. › Motor Accidents Compensation Act 1999 (NSW), ss 66, 72, 73

Quick Take

The relevant period of delay for which a full and satisfactory explanation must be given under s 73 of the Motor Accidents Compensation Act 1999 (NSW) runs from the date of the accident to the making of the claim, not to the date of the court hearing. There may be a tension between Mancini v Thompson and Nominal Defendant v Browne on this point that remains unresolved.