Capewell v Garrod

The Supreme Court of New South Wales, Court of Appeal, heard an application by Capewell (the applicant) seeking to appeal a decision concerning a motor vehicle accident. The dispute involved the applicant's attempt to commence an action out of time, which was opposed by Garrod (the respondent).

The central legal issue before the Court of Appeal was whether the applicant should be permitted to proceed with an action commenced outside the statutory time limits prescribed by sections 48 and 82 of the *Motor Accidents Act 1988* (NSW). This involved considering the applicant's dilatoriness in bringing the claim.

The Court of Appeal found no point of principle to warrant intervention. The application was dismissed with costs.