Gulf Provincial Government v Baimuru Trading Pty Ltd

• Jurisdiction: Papua New Guinea
• Judge: Sevua J
• Judgment Date: 10 December 1998
• Citation: [1998] PNGLR 311
• Court: National Court
• Year: 1998
• Judgement Number: N1794

National Court: Sevua J

Judgment Delivered: 10 December 1998

N1794

PAPUA NEW GUINEA

[In the National Court of Justice]

WS 670 of 1998

BETWEEN: GULF PROVINCIAL

GOVERNMENT

Plaintiff

AND: BAIMURU TRADING PTY

LTD

Defendant

Waigani: Sevua, J

1998: 07th October & 10th December

E. Manu for Plaintiff

J. Shepherd for Defendant

10th December, 1998

R U L I N G

SEVUA, J: The defendant, by way of notice of motion, has applied for an order that these proceedings be summarily dismissed pursuant to Order 12 Rule 40, and for costs on an indemnity basis.

I have dealt with a similar application on 5th and 11th August, this year, and I will advert to it later.

2

In the present proceedings the plaintiff’s writ of summons was filed on 15th July, 1998; and purportedly served on the defendant on 24th August, 1998. The defendant was served with a photocopy of the writ of summons, not a sealed copy as required. However, despite that, the defendant has filed a notice of intention to defend, and has submitted to the jurisdiction of the Court. The dates referred to above are important for the reasons I will revert to later.

The plaintiff’s claim is for a total amount of K 144,000.00 for alleged unpaid sales tax. No particulars have been endorsed on the writ, and none will be provided until trial. To me, this is trial by ambush. This Court needlessly emphasise the significance of proper and better particulars of a plaintiff’s claim in his pleadings. Such particulars are not only for the benefit of the defendant, but the Court as well.

The basis for the defendant’s application is that these proceedings amounted to harassment of the defendant, and are vexatious. The National Court Rules provide a discretionary power to the Court to dismiss proceedings which are vexatious – Order 12 Rule 40 (1). Pursuant to that power, the Court...