26 Aug 2025
The magistrate correctly applied s4(2)(a) Cap.272 and, in the absence of any special reasons advanced by the appellant, the minimum statutory disqualification of 12 months was proper; on the appellant's death the court exercised its discretion to terminate and abate the appeal and therefore the appeal does not proceed.
15 Feb 2008
The court held that on the evidence and the defendant's non-contestation the plaintiff was entitled to a declaration that the policy could be avoided because the defendant had failed to disclose prior motoring convictions and had made a false representation that he had no such convictions within the five years prior to signing the proposal form; costs were awarded to the plaintiff.
25 May 2007
The Court of Appeal (Deputy High Court Judge Longley) held that where an owner was actively misled by a driver and it was reasonable to rely on the driver's assurance that he held a licence, those circumstances can constitute special reasons to disapply the mandatory minimum disqualification under s.4(2)(a); on the facts the disqualification was removed while the fine was upheld.
13 Jan 1988
The court held that the settlement order did not show a clear and unequivocal waiver or contract by the plaintiff to forego the right to recover full damages from joint tortfeasors, and that the defendants did not alter their position or suffer detriment such as to found an estoppel; accordingly the plaintiff was entitled to judgment for the unpaid balance of $77,494.75 plus interest and costs.
13 Feb 1973
Section 10 only compels insurer payment where the judgment relates to liabilities which the statute requires a policy to cover under section 6(1)(b); because the pleaded facts brought the plaintiff within the statutory/policy exclusions (employee/passenger exception) the insurer was not required to cover the liability and section 10 did not impose liability on the defendant, so the plaintiff's Order 27 Rule 3 application failed.