Court dismisses Section 109 Summons for the second time. Inadequate explanation for delay in commencing proceedings.

Judgment date: 19 April 2012

Mortimer v Moon [2012] NSW DC

District Court¹

In Brief

• The court dismissed the plaintiff's further Summons for leave to commence proceedings more than 3 years after the motor vehicle accident, an earlier Summons having also been dismissed.
• Explanations of the plaintiff and his former legal representative were not full and satisfactory, the knowledge, information and belief of the plaintiff not being explained for all periods of delay. Further, there was no explanation from Counsel briefed by the former legal representative, despite Counsel having conferred with the plaintiff prior to the expiry of a Section 110 Notice.

Background

The plaintiff sustained injuries in a motor vehicle accident on 10 April 2006 and lodged a personal injury claim with the CTP Insurer. On 15 May 2008, a Section 81 Notice was issued denying liability.