Strike out application

THE Attorney-General’s Chambers yesterday informed the court that it intends to file a strike out application on Sun Insurance Company Ltd’s (SUN) motion to seek constitutional redress on the enactment of the Accident Compensation Act 2017.

Sun Insurance had made an application in the High Court on February 28 for judicial review, seeking relief for the uncompensated deprivation of its property, after the enactment of the Accident Compensation Act in Parliament last year.

Sun Insurance 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. The State was represented by Solicitor-General Sharvada Sharma.

Sun Insurance lawyer Adish Narayan told the court that his client’s constitutional right had been violated and that the new legislation was being tested to protect the interest of the business.

Mr Narayan said his client’s motive was clear and legitimate pursuit of legal action to vindicate their right, which was guaranteed in the 2013 Fijian Constitution. Fiji Court of Appeal judge Justice David Alfred has set the hearing for the strike out application to be heard on April 5.

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