168Agreements by next friends etc.

168 Agreements by next friends etc.

S. 168(1) amended by No. 64/1990 s. 18(2)(a).

(1) If any person being a minor or a person under a legal disability is or appears to be entitled to recover damages for bodily injury caused by or arising out of the use of a motor car and any parent or guardian or next friend of the person or any person standing in loco parentis to the person or the Public Trustee (as the case may be) believes that the amount of compensation offered or tendered by or on behalf of the owner or driver of the motor car, the authorized insurer of the motor car or the Incorporated Nominal Defendant (as the case may be) in respect of the bodily injury is reasonable and adequate having regard to—

(a) the bodily injury sustained; and

S. 168(1)(b) amended by No. 19/1989 s. 16(Sch. item 54.1).

(b) the probability or otherwise of the minor or other person under a legal disability succeeding in any proceeding in recovering damages against the owner, driver or authorized insurer or the Incorporated Nominal Defendant—

the parent or guardian or next friend or person standing in loco parentis or the Public Trustee (as the case may be) is entitled in the name and on behalf of the minor or other person under a legal disability to enter into an agreement in writing with the owner or driver or authorized insurer or the Incorporated Nominal Defendant to accept the amount of compensation so offered or tendered.

(2) Every such agreement—

S. 168(2)(a) amended by No. 19/1989 s. 16(Sch. item 54.2).

(a) may be lodged with the registrar or deputy registrar of the County Court at the sittings nearest or most convenient to the place of residence of the minor or other person under a legal disability; and

S. 168(2)(b) amended by Nos 19/1989 s. 16(Sch. item 54.3), 64/1990 s. 18(2)(b).

(b) if so lodged must be accompanied by an affidavit made by the parent, guardian, next friend, person standing in loco parentis, Public Trustee (as the case may be) who entered into the agreement verifying the facts upon which the agreement is based and be supported by such affidavits as are required by the rules made pursuant to this section or by the County Court.

S. 168(3) amended by No. 19/1989 s. 16(Sch. item 54.4 (a)(b)).

(3) As soon as may be after lodgment of any such agreement the registrar or deputy registrar shall submit it to the County Court.

S. 168(4) amended by No. 19/1989 s. 16(Sch. item 54.5).

(4) Such an agreement does not have any force or effect until it has been lodged and approved by order of the County Court pursuant to this section and any agreement so lodged which is with the consent of the parties approved in an amended form shall be deemed to have been lodged in the amended form.