Hayek v Trujillo

Case [2007] NSWCA 139



New South Wales


Court of Appeal


CITATION: Hayek v Trujillo [2007] NSWCA 139
HEARING DATE(S): 4 June 2007
 
JUDGMENT DATE: 

18 June 2007
JUDGMENT OF: Mason P at 1; Ipp JA at 2; McColl JA at 75
DECISION: Appeal dismissed with costs.
CATCHWORDS: STATUTORY INTERPRETATION – Motor Accidents Compensation Act 1999 (NSW), ss 73, 94, 96 and 108 – whether, by s 73(3), the respondent lost the right to challenge the appellant’s claim on the ground of delay – whether the trial judge was entitled to dismiss the proceedings under s 73(4) – whether, in the alternative, by reason of the application of s 96(4), the respondent lost the right to challenge the appellant’s claim on the ground of delay – whether the appellant’s statement of claim was filed in breach of s 108(1) – whether a certificate relating to the assessment of a dispute issued under s 96 was a certificate in respect of a claim under s 94
LEGISLATION CITED: Motor Accidents Compensation Act 1999 (NSW), ss 6, 72, 73, 80, 81, 82, 83, 84, 85, 92, 94, 96, 108, 222
Workers Compensation Act 1987 (NSW), s 151C
CASES CITED: Berowra Holdings Pty Ltd v Gordon (2006) 225 CLR 364
Dollak v Schilpzand (Unreported, District Court of New South Wales, Delaney DCJ, 2 September 2005)
Poles v Broadbent (Unreported, District Court of New South Wales, Garling DCJ, 17 December 2004)
PARTIES: Jenny Hayek - Appellant
Guadalupe Rojas Trujillo - Respondent
FILE NUMBER(S): CA 40774/05
COUNSEL: PCB Semmler QC / RI Goodridge - Appellant
K Rewell SC - Respondent
SOLICITORS: Firths Compensation Lawyers - Appellant
TL Lawyers - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 1743/05
LOWER COURT JUDICIAL OFFICER: Naughton DCJ
LOWER COURT DATE OF DECISION: 31 August 2005




                          40774/05

                          MASON P
                          IPP JA
                          McCOLL JA

                          Monday 18 June 2007
Jenny Hayek v Guadalupe Rojas Trujillo
Judgment

1 MASON P: I agree with Ipp JA.

2 IPP JA:


      The appellant’s claim and the hearing of the respondent’s notice of motion

3 On 9 May 2005, the appellant commenced proceedings in the District Court for damages for personal injuries. Her claim arose out of a motor accident. The statement of claim alleged “these proceedings are commenced pursuant to a certificate under s 96(1)(a) of the [Motor Accidents Compensation Act 1999 (NSW)] and issued in accordance with s 94 of the Act (as it applies by s 96(3)) dated 9 March 2005.”

4 The respondent thereupon applied by notice of motion to the District Court for an order that “[the appellant’s] Statement of Claim be dismissed pursuant to s 73(4) of the Motor Accidents Compensation Act 1999 (NSW)”.

5 Section 73(4) of the Act provides:

          “(4) A court must dismiss proceedings commenced in respect of a late claim if the court is satisfied that the claimant does not have a full and satisfactory explanation for the delay in making the claim.”

6 The order sought in the notice of motion suggested, by its terms,…

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Hayek v Trujillo [2007] NSWCA 139
Case
[2007] NSWCA 139
Decision Date

CaseChat Overview and Summary

The appeal concerned a dispute between Hayek (appellant) and Trujillo (respondent) regarding a claim under the *Motor Accidents Compensation Act 1999* (NSW). The core of the disagreement revolved around whether the respondent had lost the right to challenge the appellant's claim due to delays in the proceedings, and whether the trial judge had correctly dismissed the proceedings.

The court was required to determine several key legal issues. These included whether the respondent had forfeited the right to object to the appellant's claim on grounds of delay, as stipulated by section 73(3) of the Act. Additionally, the court considered whether the trial judge's dismissal of the proceedings under section 73(4) was justified. Further questions arose concerning whether the respondent had lost the right to challenge the claim due to delay by operation of section 96(4), and whether the appellant's statement of claim had been filed in contravention of section 108(1). Finally, the court had to ascertain if a certificate issued under section 96, relating to the assessment of a dispute, constituted a certificate in respect of a claim under section 94.

The court's reasoning focused on the interpretation of the relevant sections of the *Motor Accidents Compensation Act 1999* (NSW). It was held that the provisions concerning delay and the consequences of non-compliance were to be applied strictly. The court found that the appellant had not established that the respondent had lost the right to challenge the claim on the grounds of delay under section 73(3) or section 96(4). Furthermore, the court determined that the statement of claim was not filed in breach of section 108(1) and that the certificate issued under section 96 was indeed a certificate in respect of a claim under section 94. Consequently, the trial judge's decision to dismiss the proceedings under section 73(4) was upheld.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.

Orders

Orders of the court

Appeal dismissed with costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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