Paul Tohian, Minister for Police and The Independent State of Papua New Guinea v Tau Liu (1998) SC566
| Jurisdiction | Papua New Guinea |
| Judge | Kapi DCJ, Sheehan J, Jalina J |
| Judgment Date | 27 August 1998 |
| Citation | (1998) SC566 |
| Court | Supreme Court |
| Year | 1998 |
| Judgement Number | SC566 |
Supreme Court: Kapi DCJ, Sheehan J Jalina J
Judgment Delivered: 27 August 1998
SC566
PAPUA NEW GUINEA
[IN THE SUPRME COURT OF JUSTICE AT WAIGANI]
SCA NO. 67 OF 1997
BETWEEN:
PAUL TOHIAN, MINISTER FOR POLICE AND
THE STATE
Appellants
AND:
TAU LIU
Respondent
Coram: Kapi DCJ., Sheehan J., Jalina J.
27th August 1998
Practice — Notice of Action — whether mandatory under Claims By and Against The State Act, s 5.
J. Kumura with C. Makail for the appellants.
K. Banyamai for the respondent.
27th August 1998.
By The Court: It is not disputed that the respondent filed an action for defamation against the appellants in the National Court on 15th July 1997. It is also not disputed that a letter purporting to be a notice of intention to make a claim against the State was received by the Solicitor General on the 20th August 1997 in accordance with s 5 of the Claims By and Against The State Act (No 52 of 1996) (hereinafter referred to as the Act) which is in the following terms:
"section 5 (1) No action to enforce any claim against the State lies against the State unless notice in writing of intention to make a claim is given in accordance with this section by the claimant to -
(a) the Departmental Head of the Department responsible for justice matters; or
(b) the Solicitor-General.
(2) A notice under this section shall be given -
(a) within a period of six months after the occurrence out of which the claim arose; or
(b) where the claim is for breach of a contract, within a period of six months after the claimant became aware of the alleged breach; or
(c) within such further period as -
(i) the Principal Legal Adviser; or
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Kiee Toap v The Independent State of Papua New Guinea and Department of Lands and Physical Planning (2004) N2766
...Don Kapi and Electoral Commission (1998) SC570, Paul Tohian, Minister for Police and The Independent State of Papua New Guinea v Tau Liu (1998) SC566, TST Pty Ltd v Thomas John Pelis (1998) N1747 referred to Ruling On Motion ___________________________ Cannings J: INTRODUCTION This is a rul......
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...Association [1993] PNGLR 264 Ok Tedi Mining Ltd v Niugini Insurance Corporation [1988-89] PNGLR 425 Paul Tohian & The State v Tau Liu (1998) SC566 Premdas v The State [1979] PNGLR 329, Application by Karingu [1988-89] PNGLR 276 Pruaitch v Manek (2010) N4149 Re Alleged Brutal Treatment of Su......
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...(2001) N2149 SCR No 1 of 1998; Reservation Pursuant to Section 15 of the Supreme Court Act (2001) SC672 Tohian and The State v Tau Liu (1998) SC566 Tohian v Geita and Mugugia (No 2) [1990] PNGLR 479 William Mel v Coleman Pakalia, Commissioner of Police and The State (2005) SC790 APPEAL This......
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WS 1014 OF 2017; Charles Osi for himself and on behalf of the fifty-three (53) individual clan leaders whose consent and authority is annexed as Schedule A to this Statement of Claim v Joseph Sungi in his capacity as Custodian for Trust Land and Bewani Palm Oil Development Limited and Bewani Oil Palm Plantations Limited (Third Defendant/Cross Claimant) and Hon. Douglas Tomuriesa, MP, in his capacity as the Minister for Forests and the Independent State of Papua New Guinea (Fifth Defendant/First Cross Defendant) (2019) N8058
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