Sealark Shipping Pty Ltd and Bismark Maritime Pty Ltd v The Secretary for Treasury and Corporate Affairs and The Independent State of Papua New Guinea [1998] PNGLR 333

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 01 July 1998
• Court: National Court
• Citation: [1998] PNGLR 333
• Year: 1998
• Judgement Number: N1732

National Court: Woods J

Judgment Delivered: 1 July 1998

N1732

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

OS 208 OF 1998

SEALARK SHIPPING PTY LTD - First Plaintiff

BISMARK MARITIME PTY LTD - Second Plaintiff

v

THE SECRETARY FOR TREASURY AND CORPORATE AFFAIRS - First Defendant

THE STATE - Second Defendant

Waigani: Woods J

19, 1 July 1998

Claims against the State - judgements obtained – compliance with Claims By and Against The State Act – Secretary for Treasury failing to pay judgements – mandamus – freedom of information.

C Coady for the Plaintiffs

Ms P Kiele for the Defendants

1 July 1998

WOODS, J. The Plaintiffs are applying for Orders in the way of Mandamus that the Secretary of the Treasury pay the judgements obtained by the Plaintiffs in proceedings instituted against the State. The Plaintiffs obtained judgements in the sums of K190,240.27 for the first plaintiff and the sum of K84,595.07 for the second plaintiff.

Claims against the State are regulated by the provisions of the Claims By and Against the State Act 1996. There is no dispute that procedures governing claims against the State have been followed and judgements have been obtained. The satisfaction of those judgements is clearly referred to under that Act.

Section 13. (1) In any suit, execution or attachment, or process in the nature of execution or attachment, may not be issued against the property or revenue of the State.

(2) Where a judgement is given against the state, the registrar, clerk, or other proper officer of the court by which the judgement is given shall issue a certificate in Form 1 to the party in whose favour the judgement is given.

Section 14. (1) The certificate referred to in Section 13 (2) shall be served on the Solicitor-General....

(2) The Solicitor-General shall within 60 days from the date of service upon him of a certificate under Section 13 (2) endorse the certificate in Form 1.

(3) Upon...