New South Wales Consolidated Acts

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Time limitations on commencement of court proceedings

109 Time limitations on commencement of court proceedings

(cf s 52 MAA)

(1) A claimant is not entitled to commence proceedings in respect of a claim more than 3 years after--
(a) the date of the motor accident to which the claim relates, or
(b) if the claim is made in respect of the death of a person--the date of death,
except with the leave of the court in which the proceedings are to be taken.
(2) Time does not run for the purposes of this section from the time that a claim has been referred to the Commission for assessment and until 2 months after a certificate as to the assessment or exemption from assessment is issued.
(3) The leave of the court must not be granted unless--
(a) the claimant provides a full and satisfactory explanation to the court for the delay, and
(b) the total damages of all kinds likely to be awarded to the claimant if the claim succeeds are not less than 25% of the maximum amount that may be awarded for non-economic loss under section 134 as at the date of the relevant motor accident.
(4) Subsection (3) (b) does not apply to a claimant who is legally incapacitated because of the claimant's age or mental capacity.
(5) The Limitation Act 1969 does not apply to or in respect of proceedings in respect of a claim.

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