ARTICLE · 03 MARCH 2017

Interpretation of delay and material prejudice in the WA CTP scheme

Kott Gunning

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The decision also provides an example of how credibility issues can adversely impact on a plaintiff's claim for damages.

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STOJCESKA V MUHAREMOVIC [2017] WADC 9 HEARD BY HIS HONOUR STAUDE DCJ, DECISION DELIVERED 27 JANUARY 2017.

The requirement for the Insurance Commission of WA (the Commission) to demonstrate "material prejudice" when claiming that a plaintiff failed to give notice of an intention to make a claim for injuries in a motor vehicle accident was recently considered again in the case of Stojceska v Muharemovic [2017] WADC 9.

This decision also provides an example of how credibility issues can adversely impact on plaintiff's claim.

Background

On 13 March 2012 the plaintiff was a passenger in the defendant's Ute, which crashed into the rear of another vehicle.

The evidence was that the impact was significant, with the plaintiff apparently striking her knees on the dashboard, despite wearing a seatbelt and the air-bag deploying.

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