On an application for leave under s 109 of the Motor Accidents Compensation Act 1999 (NSW), the 'domino effect' or 'but for' causal analysis of delay is the wrong test; the correct question is whether a reasonable person in the claimant's position would have been justified in experiencing the delay. Where delay is attributable to the claimant's solicitor, it is ordinarily outside the claimant's control. On the monetary threshold, conflicting medical evidence should not be resolved adversely to the claimant on a preliminary application; the claimant's evidence should be taken at its highest.
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