Morris Manum and Benjamin Mano on Behalf of themselves and as representatives of 44 other persons of Portion 511 Billia Point Madang, Madang Province v Senior Constable Dimuk Dage, Chief Inspector Ben Simanjon—Provincial Police Commander of Madang Province, Peter Aigilo The Police Commissioner and The Independent State of Papua New Guinea (2003) N2435

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2003) N2435
• Date: 11 June 2003
• Year: 2003

Full Title: Morris Manum and Benjamin Mano on Behalf of themselves and as representatives of 44 other persons of Portion 511 Billia Point Madang, Madang Province v Senior Constable Dimuk Dage, Chief Inspector Ben Simanjon—Provincial Police Commander of Madang Province, Peter Aigilo The Police Commissioner and The Independent State of Papua New Guinea (2003) N2435

National Court: Sawong J

Judgment Delivered: 11 June 2003

1 CLAIMS AGAINST THE STATE—Judgments obtained—Compliance with Claims by and Against the State Act—Secretary for Treasury failing to pay judgment—mandamus—s14(3) and s14(5) of the Claims By and Against the State Act 1996 considered

2 PRACTICE AND PROCEDURE—Claims Against the State—Judgment obtained—Compliance with Claims By and Against the State Act 1996—Certificate of judgment not endorsed by Solicitor–General

3 PRACTICE AND PROCEDURE—Claims Against State—Application by Notice of Motion in the nature of mandamus to seek payment of judgment—Certificate of judgment not endorsed by Solicitor General Application refused

4 Pansat Communications Pty Ltd v Morea Vele (1999) SC604 referred to

Facts:

The Applicants obtained a judgment in the National Court against the State. Subsequently a certificate of judgment was issued duly signed by the proper officer of the Court. The certificate of judgment did not have the endorsement of the Solicitor General. The Applicants lawyers have been corresponding with the respective officers of the Department of Finance and Treasury but the judgment debt remained unpaid.

The Applicants then applied by way of Notice of Motion in the nature of mandamus to have the Head of the Department of Finance and/or Treasury to pay the judgment debt.

Held:

1. The Solicitor General must sign or endorse the Certificate of judgment pursuant to s14(2) of the Claims By and Against the State Act 1996.

2. Where the Solicitor General has not endorsed the Certificate of judgment any application in the nature of a mandamus will not succeed.

3. Any application in the nature of mandamus pursuant to s14(5) of the Claims By and Against the State Act 1996 must be by way of judicial review applications under O16 of the National Court Rules.

___________________________

Sawong J: By a Notice of Motion the...