Russo v Aiello

Limitation of actions – Action in respect of motor vehicle accident where claimant lodged claim outside statutory time limit - Whether claimant had a full and satisfactory explanation for delay in making claim - Whether material difference between having and providing an explanation - Whether reasonable person in position of claimant would have been justified in experiencing the same delay - Onus of establishing full and satisfactory explanation - Relevance of prejudice to defendant caused by stay - Motor Accidents Act 1988 (NSW), ss 40(2), 43(2), 43A(2), 43A(6), 43A(7).

Appeal – Where primary judge of District Court erred in law and fact in making discretionary judgment - Whether errors vitiated decision of primary judge - Whether Court of Appeal erred in its disposition of appeal - Whether relief futile.

Motor Accidents Act 1988 (NSW) – ss 40(2), 43(2), 43A(2), 43A(6), 43A(7).