Dennis Seseno v Manasupe Zurenuoc

• Jurisdiction: Papua New Guinea
• Citation: (2006) N5508
• Date: 30 June 2006
• Court: National Court
• Year: 2006

Full : OS NO 235 OF 2006; Dennis Seseno v Manasupe Zurenuoc (2006) N5508

National Court: Cannings J

Judgment Delivered: 30 June 2006

CONTEMPT—demurrer to commencement of contempt proceedings against a provincial administrator—alleged failure to satisfy a judgment debt—Claims By and Against the State Act, s13 and s14—procedures for satisfaction of judgments against a provincial government—immunity against actions for contempt of court—indication by provincial government officers that the judgment would be satisfied—whether exceptional circumstances existed to warrant commencement of an action for contempt.

The plaintiff obtained judgment against the provincial government in a civil action based on medical negligence by a provincial government employee. Officers of the provincial government told the plaintiff’s lawyer that the judgment would be satisfied soon and that funds were available to satisfy the judgment debt. However, the judgment debt remained unsatisfied after a considerable period and the plaintiff commenced contempt proceedings against the provincial administrator, the defendant, as a way of enforcing satisfaction of the judgment. The defendant brought a demurrer to the contempt proceedings based on s13 and s14 of the Claims By and Against the State Act, arguing that the procedures prescribed for satisfying judgment debts had not been followed and therefore contempt proceedings could not be commenced against the defendant. The plaintiff relied on s14(5) which allows contempt proceedings to be brought in exceptional circumstances which, he argued, existed here.

Held:

(1) When a judgment debt is obtained against a provincial government in the National Court, the debt is to be satisfied in accordance with s14 of the Claims By and Against the State Act.

(2) That means a certificate of judgment must be issued by the Registrar under Section 13(2) to the party in whose favour the judgment is given; that certificate must be served on the Solicitor-General; the Solicitor-General must endorse the certificate within 60 days; the endorsed certificate must be served on the Secretary for Finance who is obliged to satisfy the judgment out of funds legally available within a reasonable time.

(3) Contempt proceedings cannot be issued against the Solicitor-General or the Secretary for Finance for failure to satisfy a judgment debt unless there has been a failure to observe the requirements of Section 14 or unless other exceptional circumstances are shown to the satisfaction of the court.

(4) If judgment is awarded against a provincial government it is not the statutory responsibility of the provincial government or its administrator to satisfy the judgment debt. That responsibility rests with the Solicitor-General and the Secretary for...