Revit Mangoi v Motor Vehicles Insurance (PNG) Trust [1990] PNGLR 327

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 24 July 1990
• Court: National Court
• Citation: [1990] PNGLR 327
• Year: 1990
• Judgement Number: N876

Full Title: Revit Mangoi v Motor Vehicles Insurance (PNG) Trust [1990] PNGLR 327

National Court: Woods J

Judgment Delivered: 24 July 1990

N876

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

REVIT MANGOI

V

MOTOR VEHICLES INSURANCE (PNG) TRUST

Mount Hagen

Woods J

22 May 1990

24 July 1990

INSURANCE — Motor vehicle third party insurance — Unidentified motor vehicle — Due inquiry and search — Precondition to claim — Proof of — What objectively reasonable in circumstances — Motor Vehicles (Third Party Insurance) Act (Ch No 295), s 54 (1).

NEGLIGENCE — Motor vehicle accidents — Claims for damages — Unidentified motor vehicle — Due inquiry and search — Precondition to claim — Proof of — What objectively reasonable in circumstances — Motor Vehicles (Third Party Insurance) Act (Ch No 295), s 54 (1).

The Motor Vehicles (Third Party Insurance) Act (Ch No 295), s 54 (1), provides:

"54 (1) Claims for damages.

(1) Subject to Subsection (2) any claim for damages in respect of the death of or bodily injury to any person caused by, or arising out of the use of:

(a) a motor vehicle insured under this Act; or

(b) an uninsured motor vehicle in a public street; or

(c) a motor vehicle on a public street where the identity of the motor vehicle cannot after due inquiry and search be established,

shall be made against the Trust."

Held:

(1) Proof of due inquiry and search is a precondition to a claim based on s 54 (1) (c).

(2) "Due inquiry and search" must be made at the time of the accident or soon thereafter and means such inquiry and search as is objectively reasonable in the circumstances.

Blandford v Fox (1944) 45 SR (NSW) 241; Cavanagh v Nominal Defendant (1959) 100 CLR 375 and Edwards v Nominal Defendant [1968] 2 NSWR 585, adopted and applied.

(3) Inquiries made of a police officer some five years after an accident did not constitute due inquiry and search.

Cases Cited

The following cases are cited in the judgment:

Blandford v Fox (1944) 45 SR (NSW) 241.

Cavanagh v Nominal Defendant (1959) 100 CLR 375.

Edwards v Nominal Defendant [1968] 2 NSWR 585.

Statement of Claim

This was a claim for damages for personal injuries arising out of a motor vehicle accident, the claim being brought under s 54 (1) (c) of the Motor Vehicles (Third Party Insurance) Act (Ch No 295).

Counsel:

D L O'Connor with J Hasu, for the plaintiff.

R Thompson, for the defendant.

Cur adv vult

24 July 1990

WOODS J.: The plaintiff claims he was injured on 1 November 1982 when he was driving a Ford motor tractor which was forced off the road by the negligent driving of a yellow Toyota landcruiser along the Wapenamanda-Wabag road near Yaibos. The plaintiff claims that the identity of the latter vehicle cannot after due inquiry and search be established and the claim is therefore brought against the Motor Vehicles Insurance (PNG) Trust by virtue of s 54 (1) (c) of the Motor Vehicles (Third Party Insurance) Act (Ch No 295). This section reads as follows:

"54. Claims for damages.

(1) Subject to Subsection (2) any claim for damages in respect of the death of or bodily injury to any person caused by, or arising out of the use of:

(a) a motor vehicle insured under this Act; or

(b) an uninsured motor vehicle in a public street; or

(c) a motor vehicle on a public street where the identity of the motor vehicle cannot after due inquiry and search be established, shall be made against...