Hunter v Roberts

The case of *Hunter v Roberts* concerned an appeal to the Court of Appeal of New South Wales regarding a motor vehicle accident claim. The applicant, who had suffered serious injuries in the accident, sought an extension of time to make a claim under the *Motor Accidents Compensation Act 1999* (NSW). The primary dispute revolved around whether the applicant had provided a "full and satisfactory explanation" for failing to lodge the claim within the six-month statutory period, as required by section 73 of the Act, and whether the District Court had erred in dismissing the applicant's application for an extension.

The legal issues before the Court of Appeal were whether the applicant had demonstrated a "full and satisfactory explanation" for the delay in lodging the claim, and consequently, whether the District Court had been correct in refusing to grant an extension of time for the claim to be made. The court also considered the appropriate orders to make in light of its determination on these issues.

The Court of Appeal found that the applicant's serious injuries and lack of knowledge of the claims process constituted a full and satisfactory explanation for the delay. The court applied the principles governing extensions of time under section 73 of the *Motor Accidents Compensation Act 1999* (NSW), emphasising that the focus should be on whether the explanation for the delay is sufficient, particularly where the claimant has suffered significant harm and was unaware of their legal rights. The court allowed the appeal, setting aside the District Court's orders and dismissing the respondent's notice of motion. The respondent was ordered to pay the applicant's costs of the motion and the appeal.