Samson Kai and Others v The State (1992) N1079

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 26 June 1992
• Citation: (1992) N1079
• Court: National Court
• Year: 1992
• Judgement Number: N1079

Full Title: Samson Kai and Others v The State (1992) N1079

National Court: Woods J

Judgment Delivered: 26 June 1992

N1079

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

W.S. 16 OF 1991

SAMSON KAI & OS

V

THE STATE

Mount Hagen

Woods J

12 June 1992

26 June 1992

PRACTICE AND PROCEDURE — writ of summons — notice to admit facts — effect of deemed admissions in default of answering — whether summary judgment available on deemed admissions.

Counsel:

P Kopunye for the Plaintiffs.

26 June 1992

WOODS J: The Plaintiffs are claiming damages for damage to their property caused by members of the police during a raid conducted by the Police on 5 April 1990. A writ of Summons was issued on 7 January 1991. The State filed a Notice of Intention to Defend on 11 February 1991 and a Defence on 26 March 1991. The Notice to set the matter down for trial was filed on behalf of the plaintiffs on 27 September, 1991. Then on 1 May 1992 a Notice to Admit Facts was filed on behalf of the plaintiffs and duly served on the Solicitor General for the State. There has been no answer on behalf of the State to this Notice and the lawyer for the plaintiffs is now moving for Judgement for the Plaintiffs in default of pleading and on the basis on the deemed admissions in the Notice to admit facts.

This application is made under O 9 r 29 and 30 of the National Court Rules:

29. Notice to admit facts

(1) A party to proceedings may, by notice served on another party, require him to admit, for the purpose of the proceedings only, the facts specified in the notice.

(2) If, as to any fact specified in the notice, the party on whom the notice is served does not, within 14 days after service,...