Jeffery Balakau v Sir Arnold Amet as the Attorney General & Principal Legal Advisor and Gabriel Yer as the Secretary Department of Finance and The Independent State of Papua New Guinea (2013) N5313

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 07 August 2013
• Citation: (2013) N5313
• Docket Number: WS 1256 of 2009
• Year: 2013

Full Title: WS 1256 of 2009; Jeffery Balakau v Sir Arnold Amet as the Attorney General & Principal Legal Advisor and Gabriel Yer as the Secretary Department of Finance and The Independent State of Papua New Guinea (2013) N5313

National Court: Kandakasi, J

Judgment Delivered: 7 August 2013

JUDGMENTS & ORDERS—Default judgment—State in default of filing and serving defence in a part liquidated claim— s12 (3) of the Claims By and Against the State Act, precluding judgment for amount claim except only for a debt claim—Definition of “debit” as used in legislation considered—Amount agreed to be paid and set out in a deed of release is a debit within the meaning of the s12 (3)—Judgment for amount claimed and set out in deed of release entered.

WORDS & PHRASES—“Debt”—A sum of money that one person is bound to pay another—“Debt” normally has one or other of two meanings: it can mean an obligation to pay money or it can mean a sum of money owed—Money agreed to be paid and set out in a deed of release is a debt.

WORDS & PHRASES—“Liquidated claim”- A liquidated demand is in the nature of a debt, for a specific sum of money due and payable under or by virtue of a contract which is already ascertained or capable of being ascertained as a mere matter of arithmetic without the need for investigation and assessment—Amount agreement to be by one person to the other and set out in a deed of release is a liquidated claim.

Cases Cited:

Christina Kumba v. Dr Joseph Pagalio (2010) N4089

Stephen John Rose v. The State (2007) N3241

Anthony Nicholas Dempsey v. Project Pacific Pty Ltd [1985] PNGLR 93

Wamp Nga Holdings Ltd v. KK & Sons Ltd (2011) N4219

The State v. Zachary Gelu & Monoburn Earthmoving Limited (2003) SC715

Polem Enterprises Ltd v. Attorney General of Papua New Guinea Mr. Francis Damen (2008) SC911

North Solomons Provincial Government v. Pacific Architecture Pty Ltd [1992] PNGLR 145

1. KANDAKASI J: Jeffery Balakau is seeking to enforce a deed of release for an amount specified in the deed plus interest at 8% on the principle amount and damages for chasing up payment. Following a successful application by Mr. Balakau, I decided to enter default judgment for the plaintiff after a failed application by the defendants to file and serve their defence out of time. However, the defendants pointed out that, I can only sign judgment for the plaintiff with damages to be assessed by reason of s. 12 of the...