Christopher Costello v Mark Arragon

Christopher Costello (the plaintiff) sought damages for injuries sustained in a motor accident from Mark Arragon (the defendant). The plaintiff's claim was brought outside the limitation period prescribed by the *Motor Accidents Act 1988* (NSW), necessitating an application for the court's leave to proceed. The appeal concerned the plaintiff's application for leave to commence proceedings out of time.

The primary legal issue before the court was whether the plaintiff had provided a full and satisfactory explanation for the delay in commencing proceedings. A related issue was whether the plaintiff had received and accepted advice not to proceed with his motor accident claim, which would bear on the reasonableness of any subsequent delay.

The court considered the plaintiff's explanation for the delay, which involved a period where he had been advised not to proceed with his claim. The court found that while the plaintiff had been given advice not to proceed, this advice did not absolve him of the responsibility to provide a full and satisfactory explanation for the subsequent delay in commencing proceedings. The court applied the principles governing applications for leave to commence proceedings out of time under the *Motor Accidents Act 1988*, emphasizing the need for a comprehensive and convincing explanation for the delay.

The court granted leave to appeal but ultimately dismissed the appeal, ordering the plaintiff to pay the defendant's costs.