Kante Mininga v Independent State of Papua New Guinea, Doctor Ponifasio and Doctor Scotty Maclfish

• Jurisdiction: Papua New Guinea
• Judge: Injia J
• Judgment Date: 24 May 1996
• Court: National Court
• Citation: (1996) N1458
• Year: 1996
• Judgement Number: N1458

National Court: Injia J

Judgment Delivered: 24 May 1996

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

WS NO 129 OF 1993 (H)

BETWEEN

KANTE MININGA — PLAINTIFF

AND

INDEPENDENT STATE OF PAPUA NEW GUINEA — FIRST DEFENDANT

AND

DOCTOR PONIFASIO — SECOND DEFENDANT

AND

DOCTOR SCOTTY MACLFISH — THIRD DEFENDANT

Mount Hagen

Injia J

24 May 1996

CIVIL — Practice and Procedure — Default Judgment — Entry of — Proof of due service and default established — Court's discretion to refuse entry of default judgment notwithstanding proof of due service and default of defendant — Circumstances where discretion exercised — National Court Rules, O. 12 r. 32 and r. 35; Wrongs Act (Ch 297), S. 1.

Cases Cited:

No cases are cited in the judgment.

Counsel:

P Kopunye for the Plaintiff

M Pokia for First Defendant

No appearance for the Second and Third Defendants

24 May 1996

INJIA J: This is an application on motion on notice by the Plaintiff seeking default judgement against the First Defendant only. This is the second of such motion against the First Defendant. The Second and Third Defendants are medical doctors who were employed by the First Defendant at the material time and it is alleged that they were negligent in performing their duties which resulted in injuries to the Plaintiff. The First Defendant is sought to be made vicariously liable for the torts allegedly committed by the Second and Third Defendants pursuant to S. 1 of the Wrongs Act Ch 297.

On 25th March 1994, the Plaintiff applied for and the Court entered default judgement against the First Defendant. At that time the Second and Third Defendants were not named as defendants in the proceedings. Subsequently, as a result of queries raised by the Court as to the propriety of the default judgement being entered against the State as the nominal defendant in respect to torts allegedly committed by the two doctors employed by the State at...