Iwai Genbi v The Independent State of Papua New Guinea [1988–89] PNGLR 662

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 09 November 1989
• Citation: [1988–89] PNGLR 662
• Docket Number: Wenam Elkum v The Independent State of Papua New Guinea
• Year: 1989

Full Title: Wenam Elkum v The Independent State of Papua New Guinea; Iwai Genbi v The Independent State of Papua New Guinea [1988–89] PNGLR 662

National Court: Brunton J

Judgment Delivered: 9 November 1989

1 Civil law—negligence—running down—National Court Rules O8 r28—plea to the general issue—abuse of process—personal injuries—quantum of damages and interest

2 PRACTICE AND PROCEDURE—Striking out defence—Matters pleaded constituting general denial—Personal injuries claim—Denial or non–admission of all facts alleged—Whether abuse of process—Defence struck out—National Court Rules, O8, r28.

3 DAMAGES—Personal injuries—Particular awards of general damages—Pelvic fracture involving urethra—Minor eye injuries—Possible loss of 10 per cent function of leg with onset of osteoarthritis—Village gardener aged 19 years—Award of K9,500 general damages—Global award of K2,000 for possible future economic loss.

4 DAMAGES—Personal injuries—Particular awards of general damages—Leg and arm injuries—Fractures of tibia and right elbow—Ligamentous knee damage—Possible 5 per cent loss of function of leg with onset of osteoarthritis—Male subsistence farmer aged 25 years—Award of K6,000 general damages—Global award of K1,000 for possible future economic loss.

5 Aundak Kupil v The Independent State of Papua New Guinea [1983] PNGLR 350, Caedmon Koieba v MVIT [1984] PNGLR 365, Hornibrook Constructions Pty Ltd v Kawas Express Corporation Pty Ltd [1986] PNGLR 301, Jeremiah O'Hello v Kayel Shipping Co Pty Ltd [1980] PNGLR 361, Nali Matabe v PNG [1988] PNGLR 309, Pinzger v Bougainville Copper Ltd [1983] PNGLR 436, and Warner v Sampson [1959] 2 WLR 109; [1959] 1 All ER 120 referred to

The National Court Rules, O8, r28, provides that a "party shall not plead the general issue".

In response to a statements of claim for damages for personal injuries suffered as a result of a motor vehicle accident, the defendant in its defences either denied or did not admit all of the facts alleged.

Held:

(1) The defences should be struck out as being general denials not permitted by O8, r28, of the National Court Rules.

Hornibrook Constructions Pty Ltd v Kawas Express Corporation Pty Ltd [1986] PNGLR 301 at 302, followed.

(2) It is an abuse of the process of the court to adopt a practice of filing defences in general terms as a formality to meet time limitations while leave of the court to extend time limitations is readily available.

(3) It is an abuse of the powers of the court not to admit facts which could reasonably be admitted or to deny facts which could reasonably be admitted.

Wenam Elkum v PNG:

The plaintiff, a male aged 19 years, working as a village gardener, claimed damages for personal injuries sustained in a motor vehicle accident. He suffered a fractured pelvis with partial tear of the urethra, bruising around the eyes and corneal scarring. He was hospitalised for three months, suffered no continuing urinary problems but was liable to a 10 per cent loss of function of the hip joint with the onset of osteoarthritis. The plaintiff continued to play some sports but had ceased playing rugby.

Held:

(1) General damages for pain and suffering and loss of amenities should be assessed at K9,500.

(2) In the absence of evidence as to future economic loss, the court should fix a global amount, to reflect the plaintiff's reduced capacity to earn income in the future, at K2,000.

Nali Matabe v PNG [1988] PNGLR 309, followed.

Iwai Genbi v PNG:

The plaintiff, a male aged 25 years, and a village subsistence farmer, claimed damages for personal injuries sustained in a motor vehicle accident. The plaintiff suffered arm and leg injuries, including fractures of the right elbow and right tibia with damage to the ligaments of the right knee which required three months hospitalisation. The plaintiff faced the possibility of the onset of...