Sealark Shipping Pty Ltd and Bismark Maritime Pty Ltd v The Secretary for Treasury and Corporate Affairs and The Independent State of Papua New Guinea [1998] PNGLR 333

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: [1998] PNGLR 333
• Date: 01 July 1998
• Year: 1998

Full Title: Sealark Shipping Pty Ltd and Bismark Maritime Pty Ltd v The Secretary for Treasury and Corporate Affairs and The Independent State of Papua New Guinea [1998] PNGLR 333

National Court: Woods J

Judgment Delivered: 1 July 1998

1 Claims against the State—judgments obtained—compliance with Claims By and Against The State Act 1996—Secretary for Treasury failing to pay judgments—mandamus—freedom of information.

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Woods J: The Plaintiffs are applying for Orders in the way of Mandamus that the Secretary of the Treasury pay the judgments obtained by the Plaintiffs in proceedings instituted against the State. The Plaintiffs obtained judgments in the sums of K190,240.27 for the first plaintiff and the sum of K84,595.07 for the second plaintiff.

Claims against the State are regulated by the provisions of the Claims By and Against the State Act 1996. There is no dispute that procedures governing claims against the State have been followed and judgments have been obtained. The satisfaction of those judgments is clearly referred to under that Act.

S13(1) In any suit, execution or attachment, or process in the nature of execution or attachment, may not be issued against the property or revenue of the State.

(2) Where a judgment is given against the state, the registrar, clerk, or other proper officer of the court by which the judgment is given shall issue a certificate in Form 1 to the party in whose favour the judgment is given.

S14(1) The certificate referred to in s13 (2) shall be served on the...