Peter Kuriti v The Independent State of Papua New Guinea
| Jurisdiction | Papua New Guinea |
| Judge | Woods J |
| Judgment Date | 09 September 1994 |
| Court | National Court |
| Citation | [1994] PNGLR 262 |
| Year | 1994 |
| Judgement Number | N1271 |
National Court: Woods J
Judgment Delivered: 9 September 1994
PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]
PETER KURITI
V
THE INDEPENDENT STATE OF PAPUA NEW GUINEA
Mount Hagen
Woods J
23 August 1994
9 September 1994
CONSTITUTIONAL LAW — Breach of constitutional rights by police.
DAMAGES — Vicarious liability — Wrongs by the State — Police operations against a village — Destruction and damage to buildings and property.
DAMAGES — Exemplary damages — Unconstitutional actions during police raid — Independent discretion rule — When individual officers not named in writ.
Facts
The plaintiff claimed damages from the State for himself and members of his village for loss and damage to property resulting from illegal actions of the police during the conduct of a raid on their village. The claims included loss suffered, violation of their constitutional rights, and exemplary damages. The State agreed on the quantum of damages for loss to property but denied liability for exemplary damages.
Held
1. The actions of the police were illegal, and the state was vicariously liable for the property damaged and loss suffered by the people.
2. Exemplary damages are a matter requiring special consideration. Generally, exemplary damages are regarded as a mark of public censure against excessive misconduct and not to unjustly enrich a party. They are symbolic of public indignation.
3. Whilst the independent discretion rule does not apply for tortious damages, it can still apply when considering exemplary damages.
Counsel
P Kopunye, for the plaintiff.
P Takesi, for the defendant.
9 September 1994
WOODS J: The plaintiff is claiming for himself and members of his village for damages for loss and damage done to property by actions of the police during the conduct of a raid at Bagl village in the Kagamuga area of the Western Highlands on 2 April 1990.
He alleged that early in the...
To continue reading
Request your trial
-
Aina Mond, Apa Grai, Alpones Siwi Koglua, Baundo Mogono and Andrew Konma on Their Own Behalf And On Behalf Of All Members Of The Auakane, Morumbagawamo, Tamgoyani, Okondie and Awauglakane Clans of The Kamaneku Tribe More Particularly Named In Schedule "A" of The Writ Of Summons And Tangane Koglwa And All Those People Named In Columns 2 And 3 Of Schedule "B" of The Writ of Summons And Gigbai Koglwa By His Next Friend Alponse Siwi Koglwa And All Those Infants By Their Next Friends Named In Schedule "C" of The Writ of Summons And Umba Siwi and All Those Persons Named In Schedule "D" of The Writ of Summons And Gundu Umba and All Those Persons Named In Columns 2 And 3 Of Schedule "E" of The Writ of Summons And Kunduane Siwi By His Next Friend Umba Siwi and All Those Infants Named In Schedule "F" of The Writ Of Summons v Chief Inspector Robert Kalasim and The Independent State of Papua New Guinea (2004) N2638
...306, Kolaip Palapi v Independent State of Papua New Guinea (2001) N2274, Kuk Kuli v The State (2004) N2592, Peter Kuriti v The State [1994] PNGLR 262, Roselyne Cecil Kusa v MVIT (2003) N2328, Yange Lagan v The Independent State of Papua New Guinea (1995) N1369, Lin Wan Xin v Wang Yanhong (2......
-
Kinsim Business Group Inc v Joseph Hompwafi, John Kalaut and The Independent State of Papua New Guinea
...& The State Unnumbered National Court Judgment dated 8.3.95, Aimon Aure v Captain Peter Boko [1996] PNGLR 85, Peter Kuriti v The State [1994] PNGLR 262, Abel Tomba v The Independent State of Papua New Guinea (1997) SC518, Peter Kuriti v The State (1997) Unnumbered Supreme Court Judgment dat......
-
Bomai Wati v David Gavera and Daniel Olabe and Gari Baki Commissioner of Police and The Independent State of Papua New Guinea (2013) N5363
...State (2009) N3571 Latham v Henry [1997] PNGLR 435) Meronas Songkae v Inspector Tony Wagambie Jnr (2012) N4807 Peter Kuriti v The State [1994] PNGLR 262 PNGBC v Jeff Tole (2002) SC694 Re Application by Benetius Gehasa (2005) N2817 Re Conditions of Detention at Bialla Police Lock-Up, West Ne......
-
Vincent Kerry v The Independent State of Papua New Guinea (2012) N4658
...(2011) N4396MVIL v Maki Kol (2007) SC902 MVIT v Maki Kol (2007) SC902 Latham v Henry Peni [1997] PNGLR 435; Peter Kuriti v The State [1994] PNGLR 262; Zita Seupain v Dongo Doro (2009) N3573; The State v Thomas Sange (2005) N2805; Vincent Kerry v The State (2007) N3127 TRIAL This was a trial......
-
Aina Mond, Apa Grai, Alpones Siwi Koglua, Baundo Mogono and Andrew Konma on Their Own Behalf And On Behalf Of All Members Of The Auakane, Morumbagawamo, Tamgoyani, Okondie and Awauglakane Clans of The Kamaneku Tribe More Particularly Named In Schedule "A" of The Writ Of Summons And Tangane Koglwa And All Those People Named In Columns 2 And 3 Of Schedule "B" of The Writ of Summons And Gigbai Koglwa By His Next Friend Alponse Siwi Koglwa And All Those Infants By Their Next Friends Named In Schedule "C" of The Writ of Summons And Umba Siwi and All Those Persons Named In Schedule "D" of The Writ of Summons And Gundu Umba and All Those Persons Named In Columns 2 And 3 Of Schedule "E" of The Writ of Summons And Kunduane Siwi By His Next Friend Umba Siwi and All Those Infants Named In Schedule "F" of The Writ Of Summons v Chief Inspector Robert Kalasim and The Independent State of Papua New Guinea (2004) N2638
...306, Kolaip Palapi v Independent State of Papua New Guinea (2001) N2274, Kuk Kuli v The State (2004) N2592, Peter Kuriti v The State [1994] PNGLR 262, Roselyne Cecil Kusa v MVIT (2003) N2328, Yange Lagan v The Independent State of Papua New Guinea (1995) N1369, Lin Wan Xin v Wang Yanhong (2......
-
Kinsim Business Group Inc v Joseph Hompwafi, John Kalaut and The Independent State of Papua New Guinea
...& The State Unnumbered National Court Judgment dated 8.3.95, Aimon Aure v Captain Peter Boko [1996] PNGLR 85, Peter Kuriti v The State [1994] PNGLR 262, Abel Tomba v The Independent State of Papua New Guinea (1997) SC518, Peter Kuriti v The State (1997) Unnumbered Supreme Court Judgment dat......
-
Bomai Wati v David Gavera and Daniel Olabe and Gari Baki Commissioner of Police and The Independent State of Papua New Guinea (2013) N5363
...State (2009) N3571 Latham v Henry [1997] PNGLR 435) Meronas Songkae v Inspector Tony Wagambie Jnr (2012) N4807 Peter Kuriti v The State [1994] PNGLR 262 PNGBC v Jeff Tole (2002) SC694 Re Application by Benetius Gehasa (2005) N2817 Re Conditions of Detention at Bialla Police Lock-Up, West Ne......
-
Vincent Kerry v The Independent State of Papua New Guinea (2012) N4658
...(2011) N4396MVIL v Maki Kol (2007) SC902 MVIT v Maki Kol (2007) SC902 Latham v Henry Peni [1997] PNGLR 435; Peter Kuriti v The State [1994] PNGLR 262; Zita Seupain v Dongo Doro (2009) N3573; The State v Thomas Sange (2005) N2805; Vincent Kerry v The State (2007) N3127 TRIAL This was a trial......