PNGBC Limited trading as Papua New Guinea Banking Corporation (now Bank of South Pacific Limited) v Peter Yama and Agatha Yama and Mary Yama (2010) N4184

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 17 December 2010
• Citation: (2010) N4184
• Docket Number: WS 675 of 2001
• Year: 2010

Full Title: WS 675 of 2001; PNGBC Limited trading as Papua New Guinea Banking Corporation (now Bank of South Pacific Limited) v Peter Yama and Agatha Yama and Mary Yama (2010) N4184

National Court: Kariko J

Judgment Delivered: 17 December 2010

JUDGMENT—Enforcement of Judgment—Application for leave to issue garnishee notice—Preconditions before leave is granted—Whether garnishee owes money to the debtor—whether debt owed by the State can be attached by way of garnishee action.

Cases cited:

Philip Aure v Sai Business Group Inc (2008) N3349

1. KARIKO J: Based on an amended notice of motion filed 4 August 2010, the plaintiff has applied for leave pursuant to Order 13, Rule 56 to issue a garnishee notice.

Issues

2. The relevant issues raised by the application are:

(1) Whether the preconditions to leave being granted have been satisfied?

(2) Even if the preconditions have been met, should leave nevertheless be refused as a garnishee order cannot be issued against the State?

Evidence of debt owed to defendant

3. In support of the application, the plaintiff filed an affidavit by one John Maddison, the CEO for the plaintiff, who has relied on two newspaper articles that suggest the State has agreed to settle a court action by the defendant Peter Yama against the State for damages. One of these articles reports that the then Attorney-General, Dr Allan Marat, on 30 April 2010 stated that the State had consented to...