Motion to strike out redress
26 April, 2018, 10:03 am
FIJI Court of Appeal judge Justice David Alfred yesterday granted the Attorney-General’s Chambers motion to strike out Sun Insurance Company Ltd’s (SUN) constitutional redress motion on the enactment of the Accident Compensation Act 2017.
Justice Alfred dismissed Sun Insurance’s motion and also ordered the insurance company to pay $2000 as costs to the Attorney-General’s Office.
Sun Insurance had claimed that the repeal of the Motor Vehicle’s Third Party Insurance (CTP) Act 1948 removes the CTP insurance business it had conducted for the past 18 years.
While delivering judgment, Justice Alfred said the plaintiff should have applied for redress at the High Court as soon as it became aware that the Accident Compensation Act would go against Section 27 of the Constitution.
He said the Act was enacted on July 14, last year and to err on the side of caution, the date as the Act was gazetted on July 18 last year.