LIABILITY NOT ADMITTED

Poverty Bay Herald, Volume LXV, Issue 19758, 12 October 1938, Page 7

LIABILITY NOT ADMITTED

MOTOR VEHICLE DRIVER INSURANCE APPEAL FAILS . CONFUSION IN ACT (Per Press Association.) WELLINGTON, this day. The Appeal Court to-day delivered Judgment in the case of the South Island Motor Union Mutual Insurance v. Minson's Limited and others heard on September 22 and 23. The Chief Justice, Sir Michael Myers, and Mr. Justice Callan expressed the opinion on the first point raised in the appeal, namely, whether the memorandum in question was an admission of liability within the meaning of the Act and that the judgment of the court below was right as the memorandum did not constitute such an admission. In view of this finding, they did' not consider it necessary to consider the involved matters which arose under the second question relating to the meaning of "owner." Mr. Justice Blair said that he differed from other members of the court on the question of the meaning of the memorandum and, in view of the fact that he was in the minority. he did not consider it necessary either to deal with the second question. Costs on the highest scale as from a distance were allowed in favour of the respondent, the appeal being dismissed Interpretation Difficulties The Chief Justice, Sir. Michael Myers, remarked on difficulty experienced in interpreting certain parts of the Motor Vehicles Insurance (Third Party Risks) Act 1928. His Honour said: "On that view of lh«» first question, admittedly the second question does not arise and need not be decided. It is as well, perhaps, that this is so because the provisions of section 11 are very confused and difficult to interpret. In some places the word "owner" may mean the owner and no other person In other places, it may include a Statutory agent. No doubt an opinion might be expressed as to what the word means in each of the places in which it is used, but any such expressk>n of opinion would be obiter and might lead to serious embarrassment in future. I therefore refrain from expressing any opinion. I prefer' to hope that the legislature may see-its way to revise this difficult piece of legislation and to resolve the doubts and difficulties that have been shown in several cases to exist in respect of various sections of the Act."