Hunter v Roberts [2019] NSWCA 116

Hunter v Roberts [2019] NSWCA 116
Court of Appeal of New South Wales
Meagher & Brereton JJA; Simpson AJA
Motor accidents compensation – applicant injured in ’single vehicle accident’ – applicant did not give notice of claim to insurer (NRMA) in time required by s72(1) Motor Accidents Compensation Act 1999 (NSW) – NRMA rejected “late claim”, requesting “a full and satisfactory explanation” for delay – applicant attempted to provide explanation ’but not before’ a ’further and lengthy delay’ – applicant commenced proceedings against respondent driver of vehicle – there was issue as to who was driving vehicle at time of accident – NRMA sought dismissal of proceedings due to delay – primary judge dismissed the proceedings – applicant sought to appeal – whether primary judge did not apply test for “full and satisfactory” explanation – whether primary judge made ’material errors of fact’ when assessing whether explanation for delay was satisfactory – held: leave to appeal granted – appeal allowed.
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