Department of Works v International Construction (PNG) Ltd

• Jurisdiction: Papua New Guinea
• Citation: (2008) N5896
• Date: 17 July 2008
• Court: National Court
• Year: 2008

Full : In the matter of the Companies Act 1997, MP 205 of 2006; Department of Works v In the matter of International Construction (PNG) Limited (In Liquidation) (2008) N5896

National Court: Hartshorn, J.

Judgment Delivered: 17 July 2008

COMPANIES ACT -Application to set aside Court Order and for Directions by creditor and non party to proceedings

Cases cited:

Tarere v. ANZ Bank [1988] PNGLR 201

Bank of Papua New Guinea v. Muteng Basa [1992] PNGLR 271

1. HARTSHORN, J: The Department of Works as a creditor and the State as principle (State), apply for certain orders concerning the liquidation of International Construction (PNG) Ltd (In Liquidation) (ICL). This court appointed Mr. James Kruse as liquidator of ICL on 19 November 2007.

2. On 29 February 2008, this court made certain ex parte orders (Asset Order) which permitted the liquidator to recover 8 containers of bridge components that the liquidator contended were the property of ICL and are now vested in him.

3. Pursuant to a contractual arrangement between ICL and the State before a liquidator was appointed, ICL was to supply the bridge components to the State.

4. The orders sought by the State concern these bridge components. The first order sought by the State in its Further Amended Notice of Motion dated 30th April 2008 (motion), is that the Asset Order be set aside for want of regularity and for abuse of court process pursuant to s.332(1)(b)of the Companies Act...