Paul Bari, Orim Bari and The State v John Raim (2004) SC768

• Jurisdiction: Papua New Guinea
• Date: 05 November 2004
• Citation: (2004) SC768
• Docket Number: SCA 100 of 2004
• Court: Supreme Court
• Year: 2004

Full Title: SCA 100 of 2004; Paul Bari, Orim Bari and The State v John Raim (2004) SC768

Supreme Court: Salika J, Mogish J, Cannings J

Judgment Delivered: 5 November 2004

1 Supreme Court—Civil Appeals—Practice and Procedure—s14(3)(b) of Supreme Court Act—Whether Judgment interlocutory or final—what is the appropriate test.

2 Rimbink Pato v Sir Julius Chan [1998] PNGLR 449 referred to

___________________________

By the Court: This is an objection to competency. The objection has been filed by the Respondent applicant John Raim.

To put the application into perspective it is necessary to state the background of the matter.

The Respondent in this matter, John Raim, initiated National Court proceeding styled "WS No 563 of 2003 John Raim v Paul Bari, Orim Kari and The State." The writ was filed on 7 May 2003 and served on the State on 29 May 2003 . Prior to the writ being filed, the plaintiff gave notice of intention to sue the State for damages caused to his Public Motor Vehicle (hereinafter referred to as a PMV) bus by policemen. This was done to comply with...