Alex Latham and Kathleen Marie Latham v Henry Peni [1997] PNGLR 435

• Jurisdiction: Papua New Guinea
• Citation: [1997] PNGLR 435
• Date: 22 December 1995
• Court: National Court
• Year: 1997

Full Title: Alex Latham and Kathleen Marie Latham v Henry Peni [1997] PNGLR 435

National Court: Doherty J

Judgment Delivered: 22 December 1995

1 Damages for assault—exemplary and aggravated damages

2 The Plaintiffs claimed exemplary damages for assault and battery. Application of classes of damages for assault—indignity etc considered

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Doherty J: These matters were heard together, the Plaintiffs are related as husband and wife, the claims arise from the related incidents.

A statement of claim was filed on 31 May 1995 and served on 5 June 1995. No notice of intention to defend nor defence has been filed. On 5 July 1995 default judgment was entered and the matter comes before the Court for assessment of damages.

Since there has been no defence or reply filed it must follow that the facts are before the Court without challenge. There are supporting affidavits by each Plaintiff and these show the following:

The plaintiffs were travelling together with their infant child on 12 May 1995 by Air Niugini from Singapore to Port Moresby in the economy class cabin. In submission Counsel has explained that they occupied the front or "bulkhead" seats, there is a device in front of these front seats which enables an infant's cradle to be latched into position.

At 5.30am both plaintiffs were asleep when they were rudely awaken by alcohol being thrown over them. They saw the defendant who they had never met before. He started shouting abuse and obscenities at both of them and then hit the plaintiff Alex Latham on the face causing a cut to the...