Media Niugini Limited t/a EMTV and Glen Armstrong, General Manager, Media Niugini Limited t/a EMTV and Scott Waide, Presenter, Media Niugini Limited t/a EMTV and Jerry Ginua, Senior Reporter, Media Niugini Limited t/a EMTV And Mr Robin Tuna v Anderson Pawa Agiru (2012) SC1203

• Jurisdiction: Papua New Guinea
• Date: 09 November 2012
• Citation: (2012) SC1203
• Docket Number: SCA 37 OF 2009
• Court: Supreme Court
• Year: 2012

Full Title: SCA 37 OF 2009; Media Niugini Limited t/a EMTV and Glen Armstrong, General Manager, Media Niugini Limited t/a EMTV and Scott Waide, Presenter, Media Niugini Limited t/a EMTV and Jerry Ginua, Senior Reporter, Media Niugini Limited t/a EMTV And Mr Robin Tuna v Anderson Pawa Agiru (2012) SC1203

Supreme Court: Cannings, Gabi and Hartshorn JJ

Judgment Delivered: 9 November 2012

Appeal of National Court decision to strike out defence and enter judgment for failure to file a verified list of documents

Facts:

The respondent initially commenced proceedings in the National Court seeking damages for defamation. The appellants have filed a defence. The respondent served a notice for discovery on 3rd March 2009 pursuant to which the appellants’ verified list of documents was to be filed and served by 18th March 2009. The appellants failed to file their verified list, despite two extensions of time given by the respondent, for the verified list to be filed by 22nd April 2009. The appellants provided an unverified list to the respondent's lawyer and the National Court on 7th May 2009. Upon application by the respondent under Order 9 Rule 15 and Order 12 Rule 1 National Court Rules, the primary judge struck out the appellants’ defence and judgment was entered in favour of the Respondent. That decision is the subject of this appeal.

Held:

The exercise of discretion by the primary judge was unreasonable and plainly unjust and the appealed decision should be quashed.

Cases cited:

Government of Papua New Guinea v. Barker [1977] PNGLR 386

Bean v. Bean [1980] PNGLR 307

Lewis v The State [1980] PNGLR 219

Logicrosce Ltd v. Southend United Football Club (The Times, 5 March 1988)

Westpac Bank-PNG-Ltd and Bank of South Pacific Ltd v. Hugo Canning Co Pty Ltd, SCA No 11 of 1991, unnumbered and unreported, delivered 20th December 1991

Arrow Nominees Inc v. Blackledge, [2000] All ER (D), 854

Curtain Bros (PNG) Ltd v. UPNG (2005) SC788

Rural Development Bank Ltd v. Maria Laka (2007) SC897

Independent State of Papua New Guinea v. Central Provincial Government (2009) SC977

Napitalai v. PNG Ports Corporation Ltd (2010) SC1016

Rex Paki v. Motor Vehicle Insurance Ltd (2010) SC1015

Medaing v. Ramu Nico Management (MCC) Ltd (2011) SC1144

Totona v. Registrar of Companies (2012) SC1182

1. BY THE COURT: The first, second, third and fourth appellants (appellants) appeal against a striking out of their defence and an entry of judgment against them by the National Court for their failure to file a verified list of documents by an agreed date (appealed decision). Leave to appeal the interlocutory appealed decision has been granted. The respondent opposes the appeal.

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