Stratton v Kairouz

The parties involved in this case were Stratton, the Plaintiff, and Kairouz, the Defendant. The dispute arose from an application by the Plaintiff for an extension of time in which to commence a claim under the Motor Accidents Act. The application was heard in the Supreme Court of New South Wales. The Plaintiff sought an extension due to a delay in initiating proceedings, which she attributed to a series of events including a death threat issued by the Defendant.

The central legal issue before the court was whether the Plaintiff had provided a full and satisfactory explanation for the delay in commencing her claim. The Plaintiff argued that the delay was influenced by the death threat, which had caused her to fear for her safety and that of her family. Additionally, the Plaintiff claimed that she had believed her former solicitor was proceeding with the claim, which further contributed to the delay. The court had to determine if these factors constituted a reasonable explanation for the delay and if the Plaintiff's actions were justified under the circumstances.

The court found that the Plaintiff had provided a full and satisfactory explanation for the delay. The judge accepted that the death threat and the belief that her former solicitor was handling the matter were significant factors that influenced the Plaintiff's delay. The court considered these circumstances to be exceptional and justified an extension of time. Consequently, the court granted the Plaintiff leave to extend the time for commencing her claim and ordered that she pay the Defendant's costs associated with the motion.