Blackburn v Allianz Australia Insurance Ltd

Blackburn v Allianz Australia Insurance Ltd concerned an appeal to the New South Wales Court of Appeal regarding a motor vehicle accident claim brought by an infant. The claimant, through her tutor, sought to commence proceedings out of time due to a solicitor's error. The primary dispute revolved around whether the circumstances constituted a "full and satisfactory explanation" for the delay, as required by section 40(2) of the *Motor Vehicle Accidents Act 1988* (NSW).

The Court of Appeal was required to determine whether the explanation provided for the late commencement of proceedings was sufficient to satisfy the statutory requirement. Specifically, the court had to consider the meaning of a "full and satisfactory explanation" in the context of an infant claimant who had no personal knowledge of the applicable limitation period, and whether the solicitor's mistake constituted such an explanation, particularly in light of the decision in *Diaz v Truong*.

The Court of Appeal found that the solicitor's error, which led to the proceedings being commenced out of time, did constitute a full and satisfactory explanation for the delay. The court reasoned that the claimant, being an infant, could not be expected to have knowledge of the limitation period, and the reliance placed on the solicitor meant that the solicitor's mistake was the operative cause of the delay. The court allowed the appeal, setting aside the previous order and granting the claimant leave to commence proceedings within twenty-eight days.