New South Wales Insurance Ministerial Corporation v Trajkovski

The New South Wales Insurance Ministerial Corporation (the appellant) appealed to the New South Wales Court of Appeal against a decision of the District Court of New South Wales concerning a claim for damages for personal injury brought by Mr. Trajkovski (the respondent). The dispute arose from injuries sustained by the respondent in a motor vehicle accident.

The primary legal issue before the Court of Appeal was whether the respondent's claim for damages was statute-barred under the relevant provisions of the Limitation Act 1969 (NSW). Specifically, the court had to determine if the respondent had commenced his action within the prescribed time limit, or if any exceptions to the limitation period applied.

The Court of Appeal considered the application of section 14(1)(b) of the Limitation Act 1969, which provides a six-year limitation period for actions for damages for negligence. The court examined the date of the accident and the date on which the respondent's writ was filed. It was held that the respondent's claim was indeed out of time. The court rejected arguments that the appellant had waived its right to rely on the limitation defence or that there were grounds for extending the time for commencing proceedings under the Act. The court found no evidence to support the assertion that the appellant had misled the respondent or that the respondent had acted to his detriment in reliance on any such conduct.

Consequently, the appeal was allowed, and the orders of the District Court were set aside. The respondent's claim was dismissed as being statute-barred.