Mina Uokare v The Independent State of Papua New Guinea [1988-89] PNGLR 655
| Jurisdiction | Papua New Guinea |
| Judge | Woods J |
| Judgment Date | 30 November 1989 |
| Citation | [1988-89] PNGLR 655 |
| Court | National Court |
| Year | 1989 |
| Judgement Number | N782 |
Full Title: Mina Uokare v The Independent State of Papua New Guinea [1988-89] PNGLR 655
National Court: Woods J
Judgment Delivered: 30 November 1989
N782
PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]
MINA UOKARE
V
THE INDEPENDENT STATE OF PAPUA NEW GUINEA
Mount Hagen
Woods J
21 September 1989
30 October 1989
DAMAGES — Fatal accidents — Particular awards — Plaintiff/parents — Loss of support — Deceased subsistence village farmer aged 18 years — Other siblings — Parents in mid forties — Loss of support for — Appropriate basis of assessment — K4 for 10 years with 10 per cent deduction for early payment.
The plaintiff, the father of an 18-year-old subsistence village farmer who died as a result of a motor vehicle accident, claimed damages for loss of support on behalf of himself and his wife arising out of the death of their son who was not the only child of the family.
Held
Taking into account a life expectancy of 20 years for the parents and an increased need for support in the later years, an appropriate method of calculating loss of dependency was to take a figure of K4 per week for the latter 10 years with a deduction for early payment of 10 per cent.
Statement of Claim
This was an action for damages for loss of dependency brought by the parents of a young man aged 18 years who died following a motor vehicle accident.
Counsel
D L O'Connor, for the plaintiff.
B V L Ninai, for the defendant.
Cur adv vult
30 October 1989
WOODS J: This is a claim by the father of one Uokare Mina who was killed on 4 February 1987 when he was struck by a motor vehicle owned by the State.
The action is brought for and on behalf of the deceased's parents who relied on their son, the deceased, for support.
Liability has been admitted on the part of the defendant and this has come before me on the quantum of damages.
The...
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Paul Komba v Nauli Duwaba, The Headmaster, Tabubil High School and John Wakon, Commissioner of Police and The Independent State of Papua New Guinea (2006) N2979
...Support for that approach is found in two National Court decisions of Woods J and a decision of Salika J. In Muna Uokare v The State [1988-89] PNGLR 655, Woods J upheld a dependency claim by the parents of a young man aged 18 years who died following a motor vehicle accident. The defendant ......
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Rachel Kui v Philip Sapau
...954.45, making a total judgment sum of K61, 097.85. Cases cited The following cases are cited in the judgment: Abel Kopen v The State [1988-89] PNGLR 655 Charles Klakal Bafor v Samuel Kilane (2013) N5444 Daniel Jifok v Kambang Holdings Ltd (2008) N3475 Daniel Occungar v Luke Kiliso (2010) N......
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Mucksil Omonon v Susie Kaipa Kuanga and Hertz Leasemaster Limited (2012) N4686
...to damages to compensate him for profits lost during the period that is reasonable to repair the asset (Abel Kopen v The State [1988-89] PNGLR 655). Ideally the plaintiff should provide an audited set of accounts to verify his claim. However, if that evidence is not forthcoming, it does not......
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WS No. 1144 of 2016 (CC4); T.T. Angore Noa Hai Investment Limited (Plaintiff/Cross-defendant) v Kau Buna (Defendant/Cross-claimant) (2019) N7881
...Papua New Gunea & Ors v Stanley Parker (1979) PNGLR 53 Cheong Supermarket Pty Ltd v Pery Muro (1987) PNGLR 24 Abel Kopen v The State [1988-89] PNGLR 655 Graham Mappa v ELCOM (1992) N1093 Jonathan Mangope Paraia v The State (1995) N1343 Enga Enterprises Pty Ltd v Danny Pokali (1995) N1359 RH......
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Paul Komba v Nauli Duwaba, The Headmaster, Tabubil High School and John Wakon, Commissioner of Police and The Independent State of Papua New Guinea (2006) N2979
...Support for that approach is found in two National Court decisions of Woods J and a decision of Salika J. In Muna Uokare v The State [1988-89] PNGLR 655, Woods J upheld a dependency claim by the parents of a young man aged 18 years who died following a motor vehicle accident. The defendant ......
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Rachel Kui v Philip Sapau
...954.45, making a total judgment sum of K61, 097.85. Cases cited The following cases are cited in the judgment: Abel Kopen v The State [1988-89] PNGLR 655 Charles Klakal Bafor v Samuel Kilane (2013) N5444 Daniel Jifok v Kambang Holdings Ltd (2008) N3475 Daniel Occungar v Luke Kiliso (2010) N......
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Mucksil Omonon v Susie Kaipa Kuanga and Hertz Leasemaster Limited (2012) N4686
...to damages to compensate him for profits lost during the period that is reasonable to repair the asset (Abel Kopen v The State [1988-89] PNGLR 655). Ideally the plaintiff should provide an audited set of accounts to verify his claim. However, if that evidence is not forthcoming, it does not......
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WS No. 1144 of 2016 (CC4); T.T. Angore Noa Hai Investment Limited (Plaintiff/Cross-defendant) v Kau Buna (Defendant/Cross-claimant) (2019) N7881
...Papua New Gunea & Ors v Stanley Parker (1979) PNGLR 53 Cheong Supermarket Pty Ltd v Pery Muro (1987) PNGLR 24 Abel Kopen v The State [1988-89] PNGLR 655 Graham Mappa v ELCOM (1992) N1093 Jonathan Mangope Paraia v The State (1995) N1343 Enga Enterprises Pty Ltd v Danny Pokali (1995) N1359 RH......