Diaz v Truong

The case of *Diaz v Truong* concerned an application for leave to commence proceedings out of time following a motor vehicle accident. The claimants sought to bring their action despite the expiry of the limitation period.

The primary legal issues before the court were whether the claimants had provided a "full and satisfactory explanation" for the delay in commencing proceedings, and whether proceedings could be commenced notwithstanding the non-supply of particulars to the defendant.

The court considered the requirements of the relevant limitation legislation, particularly concerning the need for a full and satisfactory explanation for any delay, whether that delay was attributable to the claimant or those acting on their behalf. The court also examined the interplay between the provision of particulars and the ability to commence proceedings.

The Court of Appeal granted leave to appeal but ultimately dismissed the appeal, ordering the claimants to pay the opponent's costs.