Michael Tipar by himself and on behalf of 26 other retrenched members of the Papua New Guinea Defence Force v Brigadier-General Carl Malpo, Commander of the PNG Defence Force and the Independent State of Papua New Guinea (2007) N3141

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 22 June 2007
• Citation: (2007) N3141
• Docket Number: WS 1127 OF 1997
• Year: 2007

Full Title: WS 1127 OF 1997; Michael Tipar by himself and on behalf of 26 other retrenched members of the Papua New Guinea Defence Force v Brigadier-General Carl Malpo, Commander of the PNG Defence Force and the Independent State of Papua New Guinea (2007) N3141

National Court: Hartshorn, J

Judgment Delivered: 22 June 2007

AMENDMENT OF STATEMENT OF CLAIM—Substitution of deceased parties—Delay—Whether public curator the only person to apply for substitution of deceased party

Cases cited

Papua New Guinea Cases

POSF v. Silas Imanakuan (2001) SC677; The Papua Club Inc v Nusaum Holdings Ltd [2002] PNGLR 230; Thomas Kaidiman v PNG Electricity Commission [2002] PNGLR 373; Lepanding Singut v. Kelly Kinamun (2003) N2499; John Pias v. Michael Kodi (2004) N2690

Overseas Cases

Arnison v. Smith (1889) 40 Ch. D 567

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1. HARTSHORN, J.: In these proceedings the plaintiffs are suing the defendants in respect of their retrenchment in 1997. Since the proceedings were issued three of the plaintiffs have died.

2. The plaintiffs made two applications before me on 9 May 2007. The first application was for leave to amend their statement of claim pursuant to Order 8 Rule 50 National Court Rules to amend the particulars of the alleged loss and damage by inserting the words “Distress, frustration and general disappointment” and further to add the words “General...