Komaip Trading v George Waugulo and The Independent State of Papua New Guinea

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 04 October 1995
• Citation: [1995] PNGLR 165
• Court: National Court
• Year: 1995
• Judgement Number: N1367

National Court: Woods J

Judgment Delivered: 4 October 1995

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

KOMAIP TRADING

V

GEORGE WAUGULO

THE STATE

Mount Hagen

Woods J

16 August 1995

4 October 1995

DAMAGES — Assessment of damages — Wrongs by the State — Damage to property — Police destruction of a commercial business.

ASSESSMENT OF DAMAGES — Proof of damages — Loss of stock in trade — Loss of profit — Exemplary damages against police officer.

Facts:

The police under the command of the first defendant raided the premises of the plaintiff, a trading company conducting business in wholesale and retail trading, fast food outlet and fuel and type service. During the raid (conducted without a lawful warrant) the business premises were looted and completely destroyed.

Judgement by default was entered against the defendants and the matter came before the court for assessment of damages.

Held:

1. Whilst no properly certified records of the value of property, stock in trade and no accounts were kept, the court is entitled to rely on the evidence before it as guide in the assessment of damages. Hence a total of K433,940 was awarded in damages for th eloss of stock and cash on hand, nad for structural improvement including plants and equipment, and interest at 8% from date of issuance of the writ.

2. Since no proper business records were kept, it was not practicable to properly assess and award economic loss or loss of expected profits.

(Ed. note: In this regard see Graham Meppa v PNG Electricity Commission at p of this report).

3. Exemplary damages is punitive and the State is not vicariously liable, but the the first defendant who was the leader of the perpetrators of the wrongful acts is liable.

Counsel

S Norum for the plaintiff

H Kiele for the State

4 October 1995

WOODS J: This is a claim for damages following the destruction of property in Laiagam by police under the command of the first defendant on 20 October 1991. It is claimed that the police came to Laiagam during some tribal disturbance outside the town and for no good reason they looted and destroyed the premises of a trading company called Komaip Trading which conducted a substantial retail and wholesale shopping business in Laiagam as well as a Kai Bar and also a fuel and tyre service.

The State had failed to properly defend the matter and judgment by default has been ordered against the defendants and this matter has now come before me for an assessment of the damages. The State has appeared on the assessment of damages and there has been nothing presented to this court which suggested in any way that the State or the police had any good legal authority or reason to cause this destruction.

The evidence of the destruction of the property was given by Daniel Ikio the founder of the company and his wife and relatives. The day was a Sunday but they were trading as usual and without any warning a large number of police and vehicles came to the premises and with no warrant they arrested Daniel and proceeded to loot the store and residence and then deliberately set alight premises and caused the destruction of the business premises. Their story of the destruction is supported by the evidence of the resident Magistrate in Laiagam Mr Anthony Willie who came...