New South Wales Consolidated Acts

CIVIL LIABILITY ACT 2002 - SECT 26BD

26BD Dismissal of court proceedings for failure to give notice or co-operate on claim

(1) A protected defendant against whom court proceedings for an award of damages to which this Part applies are commenced may apply to the court to have the proceedings dismissed on the grounds of a failure to comply with section 26BA or 26BB in connection with the claim concerned.

(2) An application under this section cannot be made more than 2 months after the statement of claim is served on the protected defendant.

(3) On an application under this section, the court must dismiss the proceedings unless the court is satisfied that--

(a) section 26BA has been complied with in respect of the claim or the claimant has a full and satisfactory explanation for non-compliance with that section and the required notice of the incident was given to the protected defendant within a reasonable period in the circumstances, and

(b) the claimant has complied with section 26BB in respect of the claim or has a reasonable excuse for any non-compliance with that section.