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Zengin, Ugur v Insurance Commission of Western Australia [2021] VSCA 80

INSURANCE LAW
Victorian Court of Appeal
Judge(s): 
Kaye, Emerton and Osborn JJA
Parties: 

Zengin, Ugur v Insurance Commission of Western Australia

Judgment Date: 
30 March 2021
Catchwords: 

INSURANCE LAW - Appeal - Motor vehicles - Third party insurance - Applicant sustained back injury upon alighting from bus - Applicant filed claim for compensation with respondent - Delay between injury and filing of claim - Whether judge erred in not being satisfied that identity of vehicle could not be ascertained under s 7(3) of Motor Vehicle (Third Party Insurance) Act 1943 (WA) - Whether judge erred by failing to exercise discretion to permit applicant's claim to proceed despite non-compliance with s 7(3) - Leave to appeal granted - Appeal dismissed - Motor Vehicle (Third Party Insurance) Act 1943 (WA) ss 7, 8, 29A, Limitation of Actions Act 1958 s 23A - Lord v Australian Safeway Stores Pty Ltd [1996] 1 VR 614 distinguished.

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