Ruma Construction Pty Limited v Christopher Smith (1999) SC600

• Jurisdiction: Papua New Guinea
• Citation: [1999] PNGLR 201
• Date: 25 March 1999
• Court: Supreme Court
• Year: 1999

Full Title: Ruma Construction Pty Limited v Christopher Smith (1999) SC600

Supreme Court: Kapi DCJ, Sakora J, Injia J

Judgment Delivered: 25 March 1999

1 Supreme Court Act (Ch38) s14(3)(b)—whether summary judgment is an interlocutory judgment.

2 Shelley v PNG Aviation Services Pty Ltd [1979] PNGLR 119; Provincial Government of North Solomons v Pacific Architecture Pty Ltd [1992] PNGLR 145; Rimbink Pato v Sir Julius Chan [1998] PNGLR 449 and LA Jarden Collector Agency Pty Ltd and Richard Hill & Associates v Masket Iangalio and Public Curator of Papua New Guinea (1998) SC597 referred to

3 Supreme Court Rules O12 r3(a) referred to

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By the Court: The National Court entered summary judgment in this matter (WS 481 of 1997) on 10 November 1997 under the provisions of the National Court Rules (Rules). An application for leave to appeal against this decision together with a separate Notice of Appeal was filed on 19 December 1997. The Application for Leave has come before us for determination.

The relevant facts which gives rise to the application for leave may be summarised as follows. By a writ of summons (WS No 481 of 1997) filed on 27 May 1997, Mr Christopher M Smith (respondent) claims specific performance of a contract and/or damages against Ruma Construction Pty Ltd (appellant) over a sale of property, Part Lot 3, Section 27, Granville, in the National Capital District. On the 30th May 1997, the respondent...