Peter Lipsey v The Independent State of Papua New Guinea

• Jurisdiction: Papua New Guinea
• Judge: Sheehan J
• Judgment Date: 02 April 1993
• Citation: [1993] PNGLR 405
• Court: National Court
• Year: 1993
• Judgement Number: N1154

National Court: Sheehan J

Judgment Delivered: 2 April 1993

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

PETER LIPSEY

V

THE INDEPENDENT STATE OF PNG

Waigani

Sheehan J

9 December 1992

11 December 1992

2 April 1993

JUDGMENTS AND ORDERS — By consent — Application to set aside for fraud, mistake, or lack of authority in counsel — State counsel acting on behalf of the State has apparent normal authority to bind.

Facts

Judgment by consent was entered for the plaintiff against the defendant State in June 1992. Mr Keta of the Solicitor General's office acted for the State. Some six months after the judgment, the State sought to have the judgment set aside on the grounds that Mr Keta acted without authority.

Held

1. The counsel for the State acted with the apparent normal authority and settled this matter by execution of an agreement of final compromise of the issues between the parties.

2. A consent order finalises the matters between the parties. The only discretion remaining in the Court after entering the consent judgment or order is a power to vary or discharge such judgment or order, if it has not been finalised, i.e. the order has not been sealed. But this discretion will only be exercised where grave injustice is shown to be likely to the party affected.

Cases Cited

de Lasala v de Lasala [1979] 2 All ER 1146.

Marsden v Marsden [1972] 2 All ER 1162.

Counsel

M Kouro, for the plaintiff.

W Akuani, for the defendant.

2 April 1993

SHEEHAN J: On 11 June 1992, judgment by consent was entered for the plaintiff against the State. That judgment resulted from a joint approach to the Court by Mr Keta of the Solicitor General's office, acting on behalf of the State, and Mr Gene of the Public Solicitors office, acting...