Carol Laime, an infant by her next friend, Willie Laime v Motor Vehicles Insurance (PNG) Trust (MVIT) [1995] PNGLR 224

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 01 August 1995
• Court: National Court
• Citation: [1995] PNGLR 224
• Year: 1995
• Judgement Number: N1352

Full Title: Carol Laime, an infant by her next friend, Willie Laime v Motor Vehicles Insurance (PNG) Trust (MVIT) [1995] PNGLR 224

National Court: Woods J

Judgment Delivered: 1 August 1995

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CAROL LAIME AN INFANT BY HER NEXT FRIEND WILLIE LAIME

V

MOTOR VEHICLES INSURANCE (PNG) TRUST

Mount Hagen

Woods J

16 June 1995

1 August 1995

PRACTICE AND PROCEDURE — Notice of intention to make a claim against the Motor Vehicles Insurance (PNG) Trust — Extension of time for — Procedure — Extension of time does not validate irregular notice..

Facts

Section 54 (6) of the Motor Vehicle (Third Party Insurance) Act (Ch 295) provides that no action lies against the Trust unless notice of intention to make a claim is given within a 6 month period after the accident, or within such period as the Insurance Commissioner or the Court allows. The plaintiff was allegedly injured in a motor vehicle accident in April 1990. In April 1991, a letter purporting to be notice to mke a claim was sent to the Trust. No claim was made.

An application was made to the Insurance Commissioner in 1993 and on 23 March 1993 the Commissioner approved an extension of 28 days.

The lawyer did not give notice to the Trust within the 28 days allowed, he only forwarded the extension letter but made submissions on the claim in July 1993. The defendant applied to the Court to dismiss th eproceedings for failing to give notice in accordance with s 54 (6) of the Motor Vehicle (Third Party Insurance) Act.

Held

1. An approval of an extension of time by the Insurance Commissioner extended the time in which to send a notice of intention to make a claim. It is not a retrospective approval of an earlier communication that was made, but which did not comply with s 54 (6) of the Motor Vehicles (Third Party Insurance) Act. (Rundle v MVIT [1988] PNGLR 20 followed).

2. Notice of Intention to make a claim is a condition precedent to the commencement of any action to enforce a claim (Rundle v MVIT [1988] PNGLR 20 followed).

3. The right to proceed against the Trust is a right given by statute so the parameters of that right must be found within the legislation and section 54 is quite specific.

Cases Cited

Application of Andakundi [1992] Unreported N1087.

Application of Kuri [1992] Unreported N1107.

Dick v M.V.I.T. [1993] PNGLR 443.

Rundle v Motor Vehicles Insurance (PNG) Trust [1988] PNGLR 20.

Counsel

D.L.O'Connor, for the plaintiff.

A Kandakasi, for the defendant.

1 August 1995

WOODS J: This is an application to dismiss the proceedings for failure to comply with the requirement to give notice to the Motor Vehicles Insurance (PNG) Trust as laid down in s 54 (6) of the Motor Vehicle (Third Party Insurance) Act Ch 295. This objection to the claim was included in the defence filed by the defendant and has now been raised as a preliminary argument by way of notice of motion.

It has been submitted on behalf of the defendant that the requirements of s 54...