Jack Wagambi [Wagambie] and Kupo (Appointed Representatives on behalf of Retrenched Members of Papua New Guinea Defence Force) v Brigadier General Rockus Lokinap (Commander of Papua New Guinea Defence Force) and Mokis (Secretary for Department of Defence) and The Independent State of Papua New Guinea [1991] PNGLR 145

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: [1991] PNGLR 145
• Date: 10 May 1991
• Year: 1991

Full Title: Jack Wagambi [Wagambie] and Kupo (Appointed Representatives on behalf of Retrenched Members of Papua New Guinea Defence Force) v Brigadier General Rockus Lokinap (Commander of Papua New Guinea Defence Force) and Mokis (Secretary for Department of Defence) and The Independent State of Papua New Guinea [1991] PNGLR 145

National Court: Sheehan J

Judgment Delivered: 10 May 1991

1 Claims By and Against the State Act (Ch30)—application by judgment creditor for order for payment of judgment debt into Court—Secretary of Finance summoned for examination as to funds available to meet judgment debt—application declined—no execution against State—summons to Secretary discharged

2 EXECUTION AND ATTACHMENT—State as judgment debtor—Statutory prohibition on "execution" against State—Precludes payment into Court—Precludes examination of officers of State as to assets—Claims By and Against the State Act (Ch30), s6, s7.

3 JUDGMENT AND ORDERS—Enforcement—State as judgment debtor—Statutory prohibition on "execution" against State—Precludes payment into Court—Precludes examination of officers of State as to assets—Claims By and Against the State Act (Ch30), s6, s7.

The Claims By and Against the State Act (Ch30), provides:

"s6. No execution against the State

(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."

"7. Satisfaction of Judgment by Secretary for Finance

On receipt of the certificate of a judgment against the State the Secretary for Finance shall satisfy the judgment out of monies legally available."

Held:

Where the State is a judgment debtor, the provision of s6 and s7 of the Claims By and Against the State Act (Ch30), precludes:

(a) orders for payment into court of a judgment debt against the State;

(b) examination of the Secretary of State or other officers of the State as to the means or ability of the State to pay the judgment debt;

because they are part of the process of execution or attachment.

Franklin v R (No 2) [1974] QB...