Gigmai Awal v Elamo Elema (As The Insurance Commissioner) and Motor Vehicles Insurance (PNG) Trust (2000) SC652

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Citation: [2000] PNGLR 288
• Date: 29 September 2000
• Year: 2000

Full Title: Gigmai Awal v Elamo Elema (As The Insurance Commissioner) and Motor Vehicles Insurance (PNG) Trust (2000) SC652

Supreme Court: Amet CJ, Kapi DCJ, Sevua J

Judgment Delivered: 29 September 2000

1 Practice and Procedure—Objection to Competency of Application for leave to appeal–there is no requirement for service of application leave to appeal under the Supreme Court Rules—therefore not a valid ground for Objection to Competency—Objection to Competency under O7 r2(c) of the Supreme Court Rules considered.

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By the Court: The applicant applied for an extension of time within which to give notice of claim to the second respondent pursuant to s54(6)(b) of the Motor Vehicles (Third Party) Insurance Act (Ch295). The National Court refused the application.

The applicant filed an application for leave to appeal against this decision.

The second respondent filed notice of objection to competency of the application for leave to appeal. The objection has come before us for determination on two grounds: (a) that the applicant has not served the application for leave to appeal promptly or within 40 days of the decision (b) that the application failed to comply with the requirements of O7 r2 in that it fails to state the nature of the case, the question and the reasons why leave should be given and failed to give particulars of the errors committed by the trial judge.

Service of Application for Leave to Appeal

During submissions, counsel for the respondent conceded the argument by counsel for the applicant that there is no provision for service of application for leave to...