Imambu Alo v Motor Vehicles Insurance (PNG) Trust

• Jurisdiction: Papua New Guinea
• Judge: Woods, Andrew J, Sakora J
• Judgment Date: 30 June 1993
• Court: Supreme Court
• Citation: [1993] PNGLR 1
• Year: 1993
• Judgement Number: SC443

Supreme Court: Woods, Andrew J, Sakora J

Judgment Delivered: 30 June 1993

SC443

PAPUA NEW GUINEA

[In the Supreme Court of Justice]

SCA 6 of 1993

IMAMBU ALO — Appellant

V

MOTOR VEHICLES INSURANCE (PNG) TRUST — Respondent

Waigani : Woods, J, Andrew J, Sakora J

28 May — 30 June 1993

Appeals — Practice & Procedure — Leave to Appeal — On question of fact — Grounds of Appeal relate to question of fact — Leave not sought — Notice of appeal defective — Appeal struck out.

Cases Cited:

Chief Collector of Taxes v Volkes [1981] PNGLR 58

Kunangel v The State 1985 [PNGLR] 144

D. Lambu for the Appellant.

A. Kandakasi for the Respondent.

30 June 1993

BY THE COURT: The Appellant is appealing against the Judgement of the National Court given at Wabag in December 1992 whereby the Appellant's claim for damages was dismissed. The Respondent has filed an objection to the competency of this Appeal on the basis that the Appellant's grounds of Appeal involve questions of both fact and law and no application for leave has been filed as required under the Act where Appeals include questions of fact, refer to Section 4(2) of the Supreme Court Act.

Whilst there are cases where Judge's have said that they have had difficulty sometimes in deciding whether a question is one of fact or of law, in the case before us now a perusal of the grounds of appeal show that most of the grounds are raising pure questions of fact even though the questions are raised using the words "erred in fact and law". And the remaining grounds would require the Supreme Court, to have reassessed or reweighed the facts first.

Ground (a) is purely questioning the finding that there was no evidence of the motor vehicle being registered and insured at the time of the accident. The Appellant is asking the Supreme Court to re-assess that evidence or lack thereof, this is a...