Camilleri v Transport for NSW

Camilleri v Transport for NSW involved a dispute over a claim for compensation for personal injuries sustained by the applicant. The case was heard in the District Court of New South Wales. The applicant alleged that they were injured as a result of a defective condition on a public transport facility operated by the respondent, Transport for New South Wales.

The primary legal issue before the court was whether it had jurisdiction to hear the applicant's claim for compensation, given that the applicant had not lodged their objection within the 90-day period stipulated by statute. The respondent argued that the court lacked jurisdiction to hear the claim due to the applicant's failure to comply with the statutory time limit for lodging an objection.

The court determined that, while the statutory time limit was generally mandatory, there were exceptional circumstances in this case that justified the court in proceeding to hear the applicant's claim. The applicant had demonstrated good cause for their failure to lodge the objection within the 90-day period, and the respondent had not suffered any prejudice as a result of the delay. The court found that it was appropriate to exercise its discretion to hear the claim despite the delay.

Accordingly, the court ordered that it would proceed to hear and determine the applicant's claim for compensation, despite the failure to lodge the objection within the statutory time limit.