Nangamanga Limited and Anthony Flynn and Rose Flynn v Gold Exports Limited and Michael Bole and Opaoti Trading Limited (2011) N4570

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 01 June 2011
• Citation: (2011) N4570
• Docket Number: WS No. 1068 of 2009
• Year: 2011

Full Title: WS No. 1068 of 2009; Nangamanga Limited and Anthony Flynn and Rose Flynn v Gold Exports Limited and Michael Bole and Opaoti Trading Limited (2011) N4570

National Court: Gabi J

Judgment Delivered: 1 June 2011

INJUNCTION—mareva injunction—plaintiffs seeking disclosure orders ancillary to granting of a mareva injunction - order requiring disclosure by second defendant of assets of first defendant - plaintiffs have primary right to be protected—Court has jurisdiction over first defendant as a Papua New Guinea company - pursuant to s155 (4) of Constitution, Court has power to grant an ancillary order requiring disclosure by second defendant of assets of first defendant - application granted

Facts:

By a motion on notice, the plaintiffs are seeking disclosure orders ancillary to and in aid of the mareva injunction ordered on 22nd April 2010.

Held:

The plaintiffs have a primary right to be protected. The first defendant is a Papua New Guinea company, which comes under this Court’s jurisdiction. Pursuant to s155 (4) of the Constitution, the Court has the power to grant an ancillary order requiring the disclosure by the second defendant of the assets of the first defendant. Accordingly, the application is granted and the costs are in the cause.

Cases Cited:

Papua New Guinea Cases

Aundak Kupil v The State [1983] PNGLR 350; Avia Aihi v The State (No 1) [1981] PNGLR 81; Mauga Logging Co Pty Ltd v South Pacific Oil Palm Development Pty Ltd (No 1) [1977] PNGLR 80; Re Section 19(1)(f) Criminal Code [1982] PNGLR 150

Overseas Cases

Jackson v Sterling Industries Ltd (1987) 162 CLR 612; Riley McKay Pty Ltd v McKay [1982] 1 NSWLR 264

RULING

1. GABI, J. Introduction: By a motion on notice, the plaintiffs are seeking disclosure orders ancillary to and in aid of the mareva injunction ordered on 22nd April 2010. The orders the plaintiffs seek are:

“2. Pursuant to Order 12 Rule 1 and s155(4) of the Constitution that the second defendant/second respondent (“the second defendant”) file an affidavit in Court describing and quantifying all the assets of the first...