Dickson Muniakali v Motor Vehicles Insurance Limited (2004) SC764

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Date: 01 October 2004
• Citation: (2004) SC764
• Docket Number: SCA 112 of 2003
• Year: 2004

Full Title: SCA 112 of 2003; Dickson Muniakali v Motor Vehicles Insurance Limited (2004) SC764

Supreme Court: Sevua J, Sawong J, Davani J

Judgment Delivered: 1 October 2004

1 PERSONAL INJURIES—Practice and procedure—Notice of intention to claim—Notice given outside time limit—Same notice annexed to letter to Motor Vehicle Insurance Limited after extension of time approved by Insurance Commissioner—Whether the earlier notice valid in law—Whether its subsequent delivery to Motor Vehicle Insurance Limited constitutes notice pursuant to s54(6) Motor Vehicles (Third Party Insurance) Act (Ch295).

2 Rundle v MVIT [1988] PNGLR 20, Stanley Tendi v MVIT [1996] PNGLR 379, Judy Yopole v Motor Vehicle Insurance (PNG) Trust, N1758, Cathy Robert Kolum v MVIT [2000] PNGLR 40, Joy Kawai v MVIT (1998) SC588 referred to

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By the Court The appellant sued the respondent in the National Court for damages arising out of a motor vehicle accident, which occurred on 12 February 1997 at approximately 3pm along the Okuk Highway, when the vehicle he was a passenger in collided head on with an on–coming vehicle near the Dobel Mobil Service Section at the junction of Mt Hagen Airport road and Mt Hagen–Kudjip road.

On 24 May 2000, he, through his lawyers, Pato Lawyers, gave notice in writing to the Motor Vehicle Insurance (PNG) Trust Limited purportedly, pursuant to s54(6) of the Motor Vehicles (Third Party Insurance) Act (Ch295) (the Act). On 13 July 2000, the respondent acknowledged the appellant's notice of 24 May 2000, but advised that the notice was out of the 6 months time limit stipulated under the Act and suggested that the...