Motor Vehicles Insurance Ltd v Sanage Kuri (2006) SC825

• Jurisdiction: Papua New Guinea
• Date: 02 March 2006
• Citation: (2006) SC825
• Docket Number: SCA 7 of 2005
• Court: Supreme Court
• Year: 2006

Full Title: SCA 7 of 2005; Motor Vehicles Insurance Ltd v Sanage Kuri (2006) SC825

Supreme Court: Injia DCJ, Gavara–Nanu J, Lay J

Judgment Delivered: 2 March 2006

1 LIMITATION OF ACTIONS—Frauds and Limitations Act s16—actions for things done under statutes—notice of intention to claim—notice to Motor Vehicles Insurance Limited—notice under Motor Vehicles (Third Part Insurance)Act (Ch295) s54(6)—nature of notice—notice condition precedent to issue of writ—notice not element of cause of action.

2 Rundle v MVIL [1988] PNGLR 20, Paul Tohian v Tau Liu (1998) SC566, Patterson Lowa v Wapula Akipe [1991] PNGLR 265; [1992] PNGLR 399 SC430 referred to

Facts

The Plaintiff was injured in a motor vehicle accident on 16 March 1996. Notice was given to the Appellant on 22 December 2003 pursuant to Motor Vehicles (Third Party Insurance) Act s54(6) and pursuant to an extension of time granted by the Insurance commissioner on 10 December 2003. The Respondent commenced proceedings on 20 September 2004. The Appellant’s application to strike out the proceedings as being barred by the Frauds and Limitations Act was dismissed on the basis that the notice under Motor Vehicles (Third Party Insurance) Act s54(6) was an essential element of the Respondent’s cause of action and until that notice was given the cause of action had not accrued for the purposes of the Frauds and...