Baker v Salagiannis

In the matter of *Baker v Salagiannis*, the applicant sought leave to commence proceedings out of time in the District Court of New South Wales concerning a motor accident compensation claim. The respondent was the defendant in the original proceedings. The core of the dispute revolved around the applicant's failure to initiate her claim within the statutory time limits prescribed by the *Motor Accidents Compensation Act 1999* (NSW).

The legal issues before the court were whether the applicant had established grounds for leave to commence proceedings out of time under section 109 of the Act, specifically whether the total damages likely to be awarded were not less than 25% of the maximum amount for non-economic loss. A further issue concerned the admissibility and relevance of evidence tendered by the applicant, including an assessment by a claims assessor and the reasons for that assessment, in the context of section 115 of the Act. The court also had to consider the meaning of the word "likely" in section 109 and whether an assessment of likely damages was a prerequisite for such an application.

The court considered the evidence presented, noting that the assessment by the claims assessor was not challenged. However, it found that the applicant had not demonstrated that the total damages likely to be awarded were not less than 25% of the maximum amount for non-economic loss, a crucial threshold for granting leave under section 109. The reasons for the assessment, absent the assessment itself, were deemed irrelevant to this determination.

Ultimately, the Court of Appeal granted the applicant leave to appeal the District Court's judgment but dismissed the appeal itself, ordering the applicant to pay the respondent's costs.