Stanley Tendi v Motor Vehicles Insurance (PNG) Trust [1996] PNGLR 379

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: [1996] PNGLR 379
• Date: 06 May 1996
• Year: 1996

Full Title: Stanley Tendi v Motor Vehicles Insurance (PNG) Trust [1996] PNGLR 379

National Court: Injia J

Judgment Delivered: 6 May 1996

1 Practice and procedure—Motor vehicle accident—Personal injuries—Notice of intended action—Notice outside six months' period or outside extended period granted by Insurance Commissioner invalid

2 Statutory interpretation—Motor Vehicles (Third Party Insurance) Act (Ch295) s54(6)—notice to Motor Vehicles Insurance (PNG) Trust—meaning of "notice"—Form the notice will take depends on circumstances—May be oral or in writing—Ought to set out sufficient particulars of the accident, the injuries sustained by the claimant, medical treatment received, if any, and his desire or intention to make a claim—Notice of claim may be gathered from the effect of two letters written of separate dates but sent together

3 Statutory interpretation—literal approach to be avoided and purposive approach adopted—PLAR No 1 of 1980 [1980] PNGLR 326, SCR No 6 of 1984; Re Provocation [1985] PNGLR 31 referred to

4 Rundle v MVIT [1988] PNGLR 21, Jacob Daguma v MVIT (1991) N955, Dick v MVIT [1993] PNGLR 443 and Carol Laime v MVIT [1995] PNGLR 224 considered

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Injia J: The Defendant's (Trust) Counsel seeks an order dismissing the Plaintiff's claim for want of notice to the Trust under s54(6) of the Motor Vehicles (Third Party Insurance) Act (Ch295) (the "Act").

It is not disputed that on 10 April 1992 the Plaintiff's lawyer wrote to the Insurance Commissioner seeking extension of time to give notice of claim to the Trust in respect of personal injuries sustained by his client on 24 August 1991. A copy of the relevant medical report and Police Accident Report were attached to the letter. A copy of the letter was then forwarded to the Trust under cover of letter dated 10 April 1992 which in part reads "Subject only to the grant of extension of time by the Insurance Commissioner, we would appreciate if...