Robert Botterill v Kathleen Lane

This matter concerned an appeal to the Court of Appeal of the Australian Capital Territory from a decision of the Supreme Court. The dispute arose from a motor vehicle accident on 9 May 2000, in which the plaintiff suffered personal injuries. The defendant's compulsory third party insurer was NRMA Insurance Limited, an authorised insurer. The plaintiff, through her workers' compensation insurer, served a notice of claim on NRMA on 1 October 2004, which was outside the usual time limits. The defendant sought to have set aside a declaration made by the primary judge that the plaintiff was not required to give written notice to the authorised insurer pursuant to s 190 of the *Road Transport (General) Act 1999* (ACT) as a condition precedent to commencing proceedings against the defendant.

The central legal issue before the Court of Appeal was the interpretation of s 190 of the *Road Transport (General) Act 1999* (ACT). Specifically, the court had to determine whether the statutory requirement for written notice of a "claim" to an authorised insurer within three months applied only to claims made directly against the authorised insurer in their capacity as such, or if it extended to all matters related to motor vehicle claims, regardless of whether the claim was directed at persons other than the authorised insurer. The appellant argued for the latter, broader interpretation.

The Court of Appeal, affirming the decision of the primary judge, held that the plain meaning of s 190 confined its application to circumstances where actions were taken directly against an authorised insurer, as contemplated by s 197 of the Act. The court found no ambiguity in the provision that would necessitate recourse to interpretive aids under the *Legislation Act 2001* (ACT). The appellant's submissions that the Act read as a whole and its objects supported a broader interpretation were rejected. The court concluded that the primary judge had correctly interpreted the legislation.

The appeal was dismissed with costs.