Eliakim Laki on Behalf of Himself and 167 Other Former Block Holders of Kavugara Oil Palm Block, West New Britain Province v Maurice Alaluku, Secretary Department of Lands, Utula Samana, Secretary Department of Agriculture and Livestock and Independent State of Papua New Guinea (2000) N2001

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: [2000] PNGLR 392
• Date: 10 November 2000
• Year: 2000

Full Title: Eliakim Laki on Behalf of Himself and 167 Other Former Block Holders of Kavugara Oil Palm Block, West New Britain Province v Maurice Alaluku, Secretary Department of Lands, Utula Samana, Secretary Department of Agriculture and Livestock and Independent State of Papua New Guinea (2000) N2001

National Court: Sevua J

Judgment Delivered: 10 November 2000

1 Practice and Procedure—Default Judgment—Defence filed out of time—No leave granted—National Court Rules, O12 r25(1).

2 Pleadings—Insufficient and general allegations—Insufficient particulars against each defendant—168 plaintiffs but no allegation by each plaintiff—No cause of action—National Court Rules, O8 r29(1).

3 Luke Tai v Australia and New Zealand Banking Group (PNG) Limited (2000) N1979 referred to

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Sevua J: There were two applications that were heard on 16 August, this year.

The first application was by the plaintiffs, and it was for default judgment on the basis that the defendants did not file a defence within the 60 days period stipulated in the Claims By and Against the State Act 1996. The second application by the defendants, was for the proceedings to be dismissed on the grounds that the plaintiffs failed to give notice pursuant to s5 of the Claims By and Against the State Act 1996, and secondly, the statement of claim did not disclose a cause of action against each defendant.

I will deal with the plaintiffs' application first. The plaintiffs filed their writ of summons on 26 August 1998. No affidavit of service was filed until 12 April...