Badastal Limited v Dr Puka Temu, Minister for Lands & Physical Planning and Mr Pepi Kimas, Secretary for Lands & Physical Planning and Mr Francis Tenge, Chairman of the Land Board and Mr Clement Kubaram, Surveyor General and Mr Raga Kavana, Registrar of Titles and The Independent State of Papua New Guinea (2011) SC1092

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Date: 11 March 2011
• Citation: (2011) SC1092
• Docket Number: SCA N0. 107 0F 2008
• Year: 2011

Full Title: SCA N0. 107 0F 2008; Badastal Limited v Dr Puka Temu, Minister for Lands & Physical Planning and Mr Pepi Kimas, Secretary for Lands & Physical Planning and Mr Francis Tenge, Chairman of the Land Board and Mr Clement Kubaram, Surveyor General and Mr Raga Kavana, Registrar of Titles and The Independent State of Papua New Guinea (2011) SC1092

Supreme Court: Batari, Kariko & Sawong JJ

Judgment Delivered: 11 March 2011

APPEAL—appeal against dismissal of claim - dismissal for want of proper notice under s5 Claims By & Against the State Act—form of notice under s5—date when claim arose crucial in the notice.

APPEAL—PRACTICE AND PROCEDURE—interlocutory application in National Court must be by way of notice of motion.

Facts:

The appellant filed proceeding in the National Court seeking declaratory orders in respect of a piece of land. The Sixth Defendant filed a motion to dismiss the proceedings which was upheld by the National Court on the basis that there was no proper notice as required by s5 of the Claims By and Against the State Act 1996.This appeal is against that decision of the National Court.

Held:

(1) A notice under s5 of the Claims By and Against the State Act 1996 must provide the date of the alleged occurrence giving rise to claim or the alleged breach of contract.

(2) A person intending to make a claim against the State has obligation to provide the particulars of the intending claim.

(3) A defendant who has filed an appearance and a notice of intention to defend is entitled to make an interlocutory application.

(4) Interlocutory applications in the National Court shall be by way of motions and that the appropriate notice of motion must be properly filed and served.

(5) There being no errors by the trial judge, the appeal is dismissed.

Cases cited:

Chefs Secret Limited v NCDC (2011) N4217; David Coyle v Loani Henao [2000] PNGLR 17; Daniel Hewali v PNG Police Force [2002] PNGLR 146; Kamapu Minato v Philip Kumo (1998) N1768; Paul Tohian v Tau Liu (1998) SC566; William Trnka v The State [2000] PNGLR 294

11th March, 2011

1. BY THE COURT: On 13 November 2006, the Appellant filed proceedings WS 1639 of 2006 (“the Proceedings”) seeking declaratory orders in respect of a property described as Allotment 14 Section 2231 Hohola (Gordon 5). The sixth defendant filed a motion to dismiss the proceedings which was heard by His Honour Kandakasi J on 20 August 2008. His Honour upheld the application and ordered as follows:

(1) The Plaintiff’s purported Notice pursuant to Section 5 of the Claims By and Against the State Act, 1996 is no Notice.

(2) Entire proceeding is dismissed.

(3) Cost of the...