Mantz Wango v Pot Andakundi and The Independent State of Papua New Guinea

• Jurisdiction: Papua New Guinea
• Citation: [1992] PNGLR 45
• Date: 02 March 1992
• Court: National Court
• Year: 1992

National Court: Woods J

Judgment Delivered: 2 March 1992

1 Damages—Damages—personal injuries—spleen—village woman—assault by employee of provincial government working for national government—award of K15,000 general damages

2 Liability—of government for assault by employee

3 Vicarious liability—tortfeasor paid by provincial government but working for national government—acting within course of employment

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Woods J: The plaintiff is claiming for damages for injuries she received when she was assaulted by the first defendant at the Mt Hagen General Hospital. At the time she was attending the hospital with her child and she claims the first defendant who was a security guard at the Hospital assaulted her by kicking her across the side of the stomach and ribs. As a result of the assault the plaintiff was hospitalised and had to have an operation for the removal of her spleen.

The incident happened on Wednesday 18 July, 1990 and the plaintiff filed a writ of summons in June 1991. The summons was served on the first defendant and the state shortly after. In November 1991 the plaintiff applied for judgment in default of the defendants filing any notices of intention to defend or defences. I refused that application and ordered the matter be set down for trial. Neither of the defendants has filed any defence although the first defendant appeared in person at the hearing and the State was represented by counsel.

The...