Botterill v Lane

[2005] ACTCA 39

ACT Court of Appeal

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Interrogate

Catchwords

1. Vehicles and Traffic
2. › Road accident cases
3. › Actions for negligence
4. › Statutory requirement for notice of claim
5. › Whether notice requirement under s 190 applies to claims against tortfeasor or only to direct claims against authorised insurer
6. › Road Transport (General) Act 1999 (ACT), ss 158, 190, 197
1. Statutory Interpretation
2. › Plain meaning
3. › Whether recourse to extrinsic materials warranted
4. › No ambiguity found
5. › Legislation Act 2001 (ACT), s 138

Quick Take

The notice requirement in s 190(1) of the Road Transport (General) Act 1999 (ACT) requiring written notice to an authorised insurer within 3 months of a motor accident is a condition precedent only to direct claims against the authorised insurer under s 197, not to negligence claims brought against the tortfeasor personally.

Case Details

Citation[2005] ACTCA 39

CourtACTCA

JurisdictionAustralian Capital Territory

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