High Court strikes out Sun Insurance's case and orders $2,000 be paid to AG's Office in costs

High Court Judge, Justice David Alfred has struck out Sun Insurance Company Limited’s case and ordered that the insurance company pay $2,000 in costs to the Attorney General’s Office.

Sun Insurance was seeking judicial relief for what it called was the uncompensated deprivation of its property, following the commencement of the Accident Compensation Act enacted by Parliament last year.

The company claimed that the repeal of the Motor Vehicles Third Party Insurance Act 1948 effectively extinguished the Third Party Insurance business it had conducted for the past 18 years.

Solicitor General, Sharvada Sharma had then made an application to strike out the case.

While delivering his judgement, Justice Alfred says if a person becomes aware that his rights are expected to be contravened in the future, he must within 60 days of first becoming aware of this, apply to the High Court for constitutional redress.

Justice Alfred says that Sun Insurance should have applied to the High Court for redress as soon as it became aware that the Accident Compensation Act was expected and that to the Sun Insurance, the Act would go against section 27 of the Constitution.

He says in his view that would have been as early as the date of the enactment, that is 14th July 2017 and to err on the side of caution the date it was gazetted that is 18th July 2017.