Eton Pakui v The State

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 19 December 1994
• Citation: [1995] PNGLR 321
• Court: National Court
• Year: 1995
• Judgement Number: N1288

National Court: Woods J

Judgment Delivered: 19 December 1994

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

ETON PAKUI

V

THE STATE

Mount Hagen

Woods J

9 December 1994

19 December 1994

PRACTICE AND PROCEDURE — Striking out defence — Pleading the general issue — National Court Rules, O 8 rr 21, 28.

Facts

The plaintiff applied to strike out the defence as pleading the general issue contrary to O 8 r 28 of the Rules of the National Court. The plaintiff's claim pleaded a police raid on a certain date which destroyed property and alleged negligence by the State. The defence made a general denial of paragraphs in the statement of claim without any reference to facts, but also specifically denied by asserting that the damage occurred in circumstances other than those alleged.

Held

1. The defence did not merely plead the general issue.

2. The defence was a pleading allowed by O 8 r 21 of the Rules of the National Court.

Cases Cited

Akipa v Lowa [1990] PNGLR 502.

Hornibrook Constructions P/L v Kawas Express Corp P/L [1986] PNGLR 301.

Counsel

D. L. O'Connor, for the plaintiff.

M. Pokia, for the defendant.

16 December 1994

WOODS J: The plaintiff has applied to strike out the defence on the grounds that the defence is too general, in effect that the defendant has pleaded the general issue, this being especially disallowed by Order 8 rule 28.

This submission requires a close look at O 8 rr 21, and 28.

Order 8

Rule 21 (2). A traverse may be either by a denial or by a statenment of non-admission, and either expressly or by necessary implication, and either generally or as to any particular allegation.

Rule 28. A party shall not plead the general issue.

These two rules have been discussed by Kapi DCJ in the...