John Bedford Bray and Hendricus Derks in their capacity as executors and trustees of the will of late Arnold T Derks v Susan Kupa Derks and Seth Daniels and Pauline U Yalehen and Nick Gavera and G Wari and Chief Sergeant Isaac Mol, Royal Papua New Guinea Constabulary and Ursula Ann Derks; In the matter of the will and testament of Arnold Theodorus Derks deceased on 11th May 2008 (2008) N3483

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 26 September 2008
• Citation: (2008) N3483
• Docket Number: OS 298 OF 2008
• Year: 2008

Full Title: OS 298 OF 2008; John Bedford Bray and Hendricus Derks in their capacity as executors and trustees of the will of late Arnold T Derks v Susan Kupa Derks and Seth Daniels and Pauline U Yalehen and Nick Gavera and G Wari and Chief Sergeant Isaac Mol, Royal Papua New Guinea Constabulary and Ursula Ann Derks; In the matter of the will and testament of Arnold Theodorus Derks deceased on 11th May 2008 (2008) N3483

National Court: Manuhu, J

Judgment Delivered: 26 September 2008

RULING

PRACTICE AND PROCEDURE – Consent order obtained in Lae National Court declaring appointment of Plaintiffs as executors and trustees of will of late Arnold Derks –Subject company of deceased is Lae based - Seventh Defendant instituted action in Waigani and obtained ex parte orders declaring Plaintiffs’ appointments null and void – Contradiction is gross abuse of process – Court has duty to protect its integrity, its independence and its processes from corruption and abuse – Waigani proceeding quashed – Counsel referred to Lawyers Statutory Committee – Solicitor client cost against counsel personally.

No case cited.

1. MANUHU, J: This is a motion moved by John Bray against Ursula Derks. In the substantive proceeding, John Bray and Hendricus Derks in their capacity as executors and trustees of the will of the late Arnold Derks take action against Susan Kupa Derks and others seeking declarations principally that the will executed by Arnold Derks on 8 June 2006 is his last will and that any other...