Zein v Wazen

In the Supreme Court of New South Wales, the plaintiff, Zein, sought to recover damages from the defendant, Wazen, following a motor vehicle accident. The defendant contested the claim, arguing that the plaintiff's action was statute-barred under the Motor Accidents Compensation Act 1999 (NSW) and that the damages threshold had not been met. The defendant also sought to join the insurer, Insurance Australia Limited trading as NRMA Insurance, to the proceedings.

The court was required to determine whether the plaintiff's delay in commencing the proceedings had been explained fully and satisfactorily, and whether the damages threshold stipulated by s 109(3)(b) of the Act had been met. Additionally, the court had to decide whether the insurer should be joined to the proceedings as required by s 119 of the Act.

The court held that the plaintiff had provided a satisfactory explanation for the delay in commencing the proceedings, and that the damages threshold had been met. The court also found that the insurer should be joined to the proceedings as the defendant's insurer at the time of the accident. The court granted the plaintiff leave to commence and maintain the proceedings and ordered that the insurer be joined as a party. The court also made orders regarding the costs of the proceedings.

In summary, the court granted the plaintiff's application to commence and maintain the proceedings, joined the insurer to the proceedings, and made orders regarding the costs of the proceedings. The plaintiff was granted leave to commence and maintain the proceedings, and the defendant's insurer was joined as a party. The court also made orders regarding the costs of the proceedings, with the plaintiff to pay the defendant's costs of the hearing on 19 July 2019, and the defendant to pay the plaintiff's costs of the notice of motion filed on 1 May 2019. The parties were required to agree upon and file an amended statement of claim within 14 days of the court's decision.