Where proceedings are commenced against a deceased person who was insured under compulsory third party motor vehicle insurance, the proceedings are not necessarily a nullity if the insurer (as the 'real defendant') was served; the failure to serve the deceased may be treated as an irregularity under s 159 of the District Court Act 1973. However, orders made on applications purporting to be made by or in the name of the deceased are nullities. An insurer that fails to promptly rectify defective proceedings when it is within its power to do so may be refused the exercise of the court's discretion to cure the irregularity.
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