Motor Traffic Act (No 2) 1965 (ACT)

1965 Motor Traffic No. 13 203

MOTOR TRAFFIC

No. 13 of 1965

A n Ordinance to amend the

Motor Traffic Ordinance 1936-1964, as amended by the

Motor Traffic Ordinance 1965.

1.—(1.) This Ordinance may be cited as the Motor Traffic short title

Ordinance (No. 2) 1965.* andcitatio,

(2 . ) The Motor Traffic Ordinance 1936-1964,f as amended by the Motor Traffic Ordinance 1 9 6 5 , | is in this Ordinance

referred to as the Principal Ordinance.

(3 . ) Section 1 of the Motor Traffic Ordinance 1965 is

amended by omitting sub-section ( 3 . ) .

(4 . ) The Principal Ordinance, as amended by this Ordinance, may be cited as the Motor Traffic Ordinance 1936- 1965.

2 . Section 54 of the Principal Ordinance is amended by Policies of

adding at the end thereof the following sub-sections:—	insurance.
" (9.) A third-party policy in force under this section on or after the date of commencement of the Law Reform	(Miscel-

laneous Provisions) Ordinance 1955 indemnifies, and shall be deemed at all times to have indemnified, to the extent of the insurance effected by the policy, an insured person and his estate against—

X Ordinance No. 9, 1965.

(a) any liability under a cause of action that survives under or by virtue of section 4 of that Ordinance against the estate of a deceased person;

(b) any liability under or by virtue of section 7 of that

Ordinance;

(c) any liability in a case where the insured person or
his estate, as the case may be, has in any pro-

ceedings been joined as an alternative defendant;

Made on 23 August, 1965; notified in the Commonwealth Gazette and commenced on 9 September, t Ordinance No. 45, 1936, as amended by Nos. 25 and 41, 1938; No. 16, 1941; No. 14, 1942; Nos. 2 and 13.1943; No. 3,1945; Nos. 6 and 13,1947; No. 7, 1950; No. 17, 1951; No. 1, 1955; No. 6, 1956; No. 19, 1957; Nos. 10 and 15, 1958; No. 7, 1959; No. 11, 1960; Nos. 16 and 17, 1962; No. 21, 1963; and No. 8, 1964. 1965.

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No. 13 Motor Traffic 1965

(d) any liability in a case where the insured person or his estate, as the case may be, has served or been served with a third-party notice; and

(e) any liability in a case where the insured person or his estate, as the case may be, claims contribution from some other person as a joint tort-feasor or has a claim made against him or it as a joint tort- feasor.

" (10.) In the last preceding sub-section, 'insured person' means a person who is insured under a third-party policy against liability in respect of the death of, or bodily injury to, another person caused by or arising out of the use of a motor vehicle.".

3.  Section 61 of the Principal Ordinance is amended— (a) by omitting from sub-section (3.) the word "sub-

section " (first occurring) and inserting in its

stead the word " section "; and

(b) by adding at the end thereof the following sub-

sections:—

" (9.) The provisions of sub-sections (1.) and (2.) of this section apply, and, from the date of commencement of the Law Reform (Miscellaneous Provisions) Ordinance 1955, shall be deemed at all times to have applied, to—

(a) authorize entry against the authorized insurer of any judgment obtained against the estate of a deceased insured person under or by virtue of Part II. of that Ordinance; and

(b) authorize contribution between joint tort-feasors

under or by virtue of Part IV. of that Ordinance.

" (10.) Notwithstanding anything contained in Part II. of the Law Reform (Miscellaneous Provisions) Ordinance 1955, the provisions of sub-section (3.) of this section continue to apply, and shall be deemed to have applied, from and including the date of commencement of that Ordinance.

" (11.) Sub-section (3.) of this section permits, and that sub-section shall, from and including the date of commencement of the Law Reform (Miscellaneous Provisions) Ordinance 1955, be deemed to have permitted, the institution of proceedings of the kind referred to in that sub-section against the authorized insurer or the nominal defendant, as the case may be, in a case—

(a) where the insured person is dead; or
(b) where, under or by virtue of section 7 of that

Ordinance, a cause of action in respect of death or bodily injury is deemed to have been subsist- ing against the insured person before his death.

1965 Motor Traffic No. 13

" (12.) Where liability of the kind referred to in sub- section (3.) of this section has been incurred by an insured person and the insured person is dead or cannot be served with process—

(a) a person seeking to recover damages in respect of the death or bodily injury as a result of which liability was incurred may join—

(i) in a case where the insurance is under a

third-party policy issued by an

authorized	insurer—the	authorized
insurer; or

(ii) in a case where the insurance is under a policy of the kind referred to in para- graph (b) of sub-section (3.) of this section—the nominal defendant,

as a defendant or one of the defendants;

(b) a third-party notice that might have been served—

(i) by the insured person if he had been

joined in the proceedings; or

(ii) upon the insured person if he were living or could have been served with pro- cess,

may be served by or upon the authorized insurer or the nominal defendant, as the case may be; and

(c) the authorized insurer or the nominal defendant, as the case may be, has the same rights and is subject to the same obligations in respect of contribution between joint tort-feasors as the

insured person would have had or been subject to if he were living or could have been served with process.

" (13.) The last preceding sub-section shall, from and including the date of commencement of the Law Reform (Miscellaneous Provisions) Ordinance 1955, be deemed to have applied in the like manner as it applies after its commencement.

" (14.) The right of action against the authorized insurer or the nominal defendant in a case where an insured person is dead is, and, from and including the date of commencement of the Law Reform (Miscellaneous Provisions) Ordinance 1955, shall be deemed at all times to have been, alternative to the right of action conferred under or by virtue of Part II. of that Ordinance against the estate of a deceased insured person.

206 No. 13 Motor Traffic 1965

" (15.) Without prejudice to the generality of the last pre- ceding sub-section—

(a) where proceedings are commenced against the authorized insurer or the nominal defendant— proceedings in respect of the same cause of action shall not be instituted against the estate of a deceased insured person unless the first- mentioned proceedings have been discontinued;

(b) where proceedings are commenced against the estate of a deceased insured person—proceedings in respect of the same cause of action shall not be instituted against the authorized insurer or the nominal defendant unless the first-mentioned proceedings have been discontinued; and

(c) where proceedings against the authorized insurer, the nominal defendant or the estate of a deceased insured person, as the case may be, have been carried to judgment—further proceedings in respect of the same cause of action shall not be instituted.".

Presumption	4. Section 66 of the Principal Ordinance is amended by " (2.) In addition to its application to proceedings of the kind referred to in the last preceding sub-section, the presump- tion of agency under that sub-section applies to—
of agency.	adding at the end thereof the following sub-sections:—

(a) proceedings against the estate of the deceased
owner or driver of the motor vehicle under or by

virtue of Part II. of the Law Reform (Miscel-

(b) proceedings against the authorized insurer or the nominal defendant, as the case may be, under or by virtue of sub-section (3.) of section 61 of this Ordinance in a case where the owner or driver of a motor vehicle is dead or cannot be served with process; and laneous Provisions) Ordinance 1955;

(c) proceedings in a case where the owner or driver of the motor vehicle, the estate of the deceased owner or driver of the motor vehicle, or the authorized insurer or the nominal defendant, as the case may be, is—

(i) joined as an alternative defendant; (ii) served with a third-party notice; or

1965 Motor Traffic No. 13

(Mi) made a party to proceedings for the recovery of contribution by or against a joint tort-feasor under or by virtue of Part IV. of the Law Reform (Miscellaneous Provisions) Ordinance 1955.

" (3.) The last preceding sub-section applies to proceedings referred to in that sub-section, and shall be deemed at all times to have applied to those proceedings, from the date of commence- ment of the Law Reform (Miscellaneous Provisions) Ordinance 1955.".

5.—(1.) The amendments made by this Ordinance apply,
subject to the next succeeding sub-section, to and in relation to—
(a) any proceedings pending as at the first day of July,
One thousand nine hundred and fifty-nine, that
were uncompleted on that date, notwithstanding

that in any such proceedings a notice of dis-

continuance has been filed; and

(b) any proceedings that were not pending on that date and that could not be commenced by reason that those amendments had not been made.

(2.) Notwithstanding anything contained in the last pre- ceding sub-section, any proceedings—

(a) that have been settled by agreement between the parties to the proceedings and followed by a release signed by those parties or by an entry of verdict or judgment; or

(b) that have been taken to verdict or judgment, other

to the Supreme Court or the High Court is	than proceedings in respect of which an appeal
pending at the date of commencement of this Ordinance,

shall not be revived or continued.

(3.) For the purposes of any proceedings of the kind referred to in paragraph (b) of sub-section (1.) of this section, time shall not run during the period that commenced on the first day of July, One thousand nine hundred and fifty-nine, and ended on the day immediately preceding the date of commence- ment of this Ordinance for the purpose of any notice before action required to be given, or for the purpose of any period of time within which actions must be brought, under a law in force in the Territory.

No. 13 Motor Traffic 1965

(4.) Where a plaintiff seeks to revive, continue or institute any proceedings to which paragraph (a) of sub-section (1.) of this section applies or that would, but for the last preceding sub- section, have been barred, the Supreme Court may, by order, allow the plaintiff to revive, continue or institute those proceed- ings, as the case may be, on such conditions, if any, as the Supreme Court thinks fit.

(5.) An application to the Supreme Court under the last preceding sub-section shall be made within one year after the date of commencement of this Ordinance or within such further period as the Supreme Court allows, but not thereafter.