Hanan Al-Rawahi v Mohammad Ali Niazi

Hanan Al-Rawahi commenced proceedings in the Supreme Court of the Australian Capital Territory against Mohammad Ali Niazi seeking an order under section 59 of the Civil Law (Wrongs) Act 2002 authorising her to proceed further with a claim for damages for personal injury despite her non-compliance with the requirements of section 51 of that Act in relation to the giving of written notice of the claim to the respondent within the time specified by the section. The applicant was struck by a car driven by the respondent on a pedestrian crossing on Eastern Valley Way, Belconnen. The applicant seeks an order under section 59 of the Civil Law (Wrongs) Act 2002 authorising her to proceed further with a claim for damages for personal injury despite her non-compliance with the requirements of section 51 of that Act in relation to the giving of written notice of the claim to the respondent within the time specified by the section.The court considered the evidence and submissions of both parties and held that the applicant be authorised to proceed further with her claim against the respondent in relation to personal injury despite her non-compliance with the requirements of section 51 of the Civil Law (Wrongs) Act 2002. The court also ordered that the respondent’s costs of the application be paid by the applicant. The court found that the applicant’s failure to serve notice of claim was not reasonable and that there was no prejudice to the respondent or the insurer by the delay. However, the court exercised its discretion to grant the order in favour of the applicant, considering the interests of justice and the right to a fair trial under the Human Rights Act 2004.