El Jendi v The Trustee for P Mouawad Family Trust trading as P Mouawad Constructions Pty Ltd

The matter between El Jendi and the Trustee for P Mouawad Family Trust trading as P Mouawad Constructions Pty Ltd was heard in the Supreme Court of New South Wales. The plaintiff, El Jendi, sought damages for injuries sustained in a motor accident. The defendant, P Mouawad Constructions Pty Ltd, argued that the plaintiff's claim was time-barred as it was not commenced within the statutory three-year period. The plaintiff applied for leave to commence the proceedings outside this timeframe, citing a full and satisfactory explanation for the delay. The court had to determine whether the evidence provided by the plaintiff constituted a full and satisfactory explanation for the delay in commencing proceedings.

The central legal issue was whether the plaintiff's explanation for the delay in bringing the proceedings was sufficient to warrant leave under the Motor Accidents Compensation Act 1999 (NSW). Specifically, the court examined whether the plaintiff had established a "full and satisfactory" explanation for the delay, as required by section 66(2) and section 109(3) of the Act. The court considered the evidence presented by the plaintiff, including the reasons for the delay, whether the delay was caused by circumstances beyond the plaintiff's control, and whether the delay had caused any prejudice to the defendant.

The Supreme Court found that the explanation provided by the plaintiff was not full and satisfactory. The court noted that while the plaintiff had presented some evidence of delay, it did not establish a compelling reason for the delay or demonstrate that the delay was caused by circumstances beyond the plaintiff's control. Additionally, the court was not satisfied that the delay had not caused any prejudice to the defendant. Consequently, the court held that the plaintiff had not met the threshold for granting leave under the Motor Accidents Compensation Act 1999 (NSW), and the application for leave was dismissed.

The court's final order was that the plaintiff's claim was time-barred and could not proceed. The plaintiff's application for leave to commence proceedings outside the three-year statutory period was dismissed, and the proceedings were struck out. The defendant's costs were awarded to P Mouawad Constructions Pty Ltd.