Paul Marinda v The Independent State of Papua New Guinea
| Jurisdiction | Papua New Guinea |
| Judge | Woods J |
| Judgment Date | 20 December 1991 |
| Citation | (1991) N1026 |
| Court | National Court |
| Year | 1991 |
| Judgement Number | N1026 |
Full Title Paul Marinda v The The Independent State of Papua New Guinea (1991) N1026
National Court: Woods J
Judgment Delivered: 20 December 1991
N1026
PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]
WS 424 OF 1991
PAUL MARINDA
V
THE INDEPENDENT STATE OF PAPUA NEW GUINEA
Mount Hagen
Woods J
13 December 1991
20 December 1991
PRACTICE — Suit against State — Default Judgement requires strict compliance — Effect of non-compliance with Claims By and Against The State Act ch.30 — Default Judgement discretionary not mandatory — Writ of Summons not served properly — Default Judgement refused.
Counsel:
D. Poka for the Plaintiff
20 December 1991
WOODS J: The Plaintiff has issued a Writ of Summons against the State claiming damages for false arrest and assault by members of the Police acting in the cause of their duties. The Writ was served on the State by service on an officer in the employ of the State Solicitor's Office. Service of process on the State is provided for under The Claims By and Against The State Act Ch 30 sec.4 which reads; Service of process where State is a Party.
Where the State is a party to a suit, all process in the suit required to be served on it shall be served
a) On the Principal Legal Adviser or
b) In respect of a suit brought in a District Court on
1) The Principal Legal Adviser or
2) A person appointed by the Minister to receive service.
Therefore according to that act the service by the Plaintiff on an Officer in the Department of Justice is not proper service on the State.
The State has failed to file a Notice of Intention to Defend and Defence to the Writ and the Plaintiff is therefore seeking judgement by default on liability for damages to be assessed.
Judgement by default is a rather draconian procedure being as it is in the absence of the other party. In effect it arises...
To continue reading
Request your trial
-
Bernard Uriap in his capacity as a Clan Leader for and on behalf of Rongol Clan of Himau & PoronbusVillages, Namatanai-New Ireland Province v Simon Tokivung in his capacity as the Clan Leader of Antalia Clan of Himau village, Namatanai - New Ireland Province and Tutuman Development Limited and Rakubana Development Pty Ltd and The Papua New Guinea Forest Authority (2008) N3444
...with s5 of the Claims By and Against the State Act. Cases cited. Graham Rundle v MVIT [1998] PNGLR 20; Paul Marinda v The State (1991) N1026; Rimbink Pato v Enga Provincial Government [1995] PNGLR 469; Steven Pupune v Ubum Makarai [1997] PNGLR 622; Kamapu Minato v Philip Kumo (1998) N1768; ......
-
Sarakuma Investment Limited Trading as Wabusa Mini Tavern v Peter Merkendi, Chairman, East Sepik Liquor Licensing Board, Leo Kabilo, Deputy Chairman, East Sepik Liquor Licensing Board and East Sepik Provincial Government (2004) N2629
...of successful party's lawyer—discretion as to costs—orders.2 Paul Marinda v The Independent State of Papua New Guinea (1991) N1026, Pato v Enga Provincial Government [1995] PNGLR 469, Steven Pupune v Ubum Makarai [1997] PNGLR 622, Paul Tohian, Paul Tohian v Tau Liu (1998) SC566, Kamapu Mina......
-
Caspar Kondi, Trading as Konum Kalne Trading Ltd v Provincial Administrator, Department of Western Highlands Province, Assistant Secretary, Policy, Planning and Monitoring Division, Department of Western Highlands Province, Director, Corporate Services, Department of Western Highlands Province and The Western Highlands Provincial Administration, Western Highlands Provincial Government (2004) N2755
...out of which the claim arose—whether the Court should allow a further period.2 Paul Marinda v The Independent State of Papua New Guinea (1991) N1026, Kamapu Minato v Philip Kumo (1998) N1768, Paul Tohian, Minister for Police and The Independent State of Papua New Guinea v Tau Liu (1998) SC5......
-
Mickey Kaip Wassey, By His Next Friend Tumu Andake v Felix Rangit Aigilo, John Karl, Ines Steven, Tio Neasingu, Joseph Kupo and The Independent State of Papua New Guinea (2005) N2876
...and unreported judgment of the National Court (Lenalia J) dated 7 May 2005), John Pias v Michael Kodi (2004) N2690, Marinda v The State (1991) N1026, Michael Kewa v Elias Mai Kombo (2004) N2688, Minato v Kumo and The State (1998) N1768, The Papua Club Inc v Nusaum Holdings Ltd [2002] PNGLR ......
-
Bernard Uriap in his capacity as a Clan Leader for and on behalf of Rongol Clan of Himau & PoronbusVillages, Namatanai-New Ireland Province v Simon Tokivung in his capacity as the Clan Leader of Antalia Clan of Himau village, Namatanai - New Ireland Province and Tutuman Development Limited and Rakubana Development Pty Ltd and The Papua New Guinea Forest Authority (2008) N3444
...with s5 of the Claims By and Against the State Act. Cases cited. Graham Rundle v MVIT [1998] PNGLR 20; Paul Marinda v The State (1991) N1026; Rimbink Pato v Enga Provincial Government [1995] PNGLR 469; Steven Pupune v Ubum Makarai [1997] PNGLR 622; Kamapu Minato v Philip Kumo (1998) N1768; ......
-
Sarakuma Investment Limited Trading as Wabusa Mini Tavern v Peter Merkendi, Chairman, East Sepik Liquor Licensing Board, Leo Kabilo, Deputy Chairman, East Sepik Liquor Licensing Board and East Sepik Provincial Government (2004) N2629
...of successful party's lawyer—discretion as to costs—orders.2 Paul Marinda v The Independent State of Papua New Guinea (1991) N1026, Pato v Enga Provincial Government [1995] PNGLR 469, Steven Pupune v Ubum Makarai [1997] PNGLR 622, Paul Tohian, Paul Tohian v Tau Liu (1998) SC566, Kamapu Mina......
-
Caspar Kondi, Trading as Konum Kalne Trading Ltd v Provincial Administrator, Department of Western Highlands Province, Assistant Secretary, Policy, Planning and Monitoring Division, Department of Western Highlands Province, Director, Corporate Services, Department of Western Highlands Province and The Western Highlands Provincial Administration, Western Highlands Provincial Government (2004) N2755
...out of which the claim arose—whether the Court should allow a further period.2 Paul Marinda v The Independent State of Papua New Guinea (1991) N1026, Kamapu Minato v Philip Kumo (1998) N1768, Paul Tohian, Minister for Police and The Independent State of Papua New Guinea v Tau Liu (1998) SC5......
-
Mickey Kaip Wassey, By His Next Friend Tumu Andake v Felix Rangit Aigilo, John Karl, Ines Steven, Tio Neasingu, Joseph Kupo and The Independent State of Papua New Guinea (2005) N2876
...and unreported judgment of the National Court (Lenalia J) dated 7 May 2005), John Pias v Michael Kodi (2004) N2690, Marinda v The State (1991) N1026, Michael Kewa v Elias Mai Kombo (2004) N2688, Minato v Kumo and The State (1998) N1768, The Papua Club Inc v Nusaum Holdings Ltd [2002] PNGLR ......