Papua New Guinea Harbours Board v Hargy Oil Palms Pty Ltd

• Jurisdiction: Papua New Guinea
• Citation: (1995) N1384
• Date: 12 December 1995
• Court: National Court
• Year: 1995

National Court: Sawong J

Judgment Delivered: 12 December 1995

1 Practice and procedure—Entry of summary judgment—Recovery of rent due under a lease

2 Landlord and tenant—Agreement for lease—Approval of Minister for Lands required—Effect of lack of approval—Possession given and taken—whether rent recoverable—Land Act (Ch185) s69—Land Registration Act (Ch191) s49(1)

3 Landlord and tenant—Agreement for lease—Lease not registered—Effect of lack of registration—possession given and taken—Landlord and tenant—Application for Summary Judgment for unpaid rent—Whether non–approval by Minister and/or non–registration of lease amount to serious questions law for consideration

4 Summary judgment—strong and unambiguous admissions—need for—no serious questions of law or fact requiring consideration—National Court Rules O12 r38

5 Re Companies Act and Luabar Logging Pty Ltd [1988] PNGLR 124, Arnold Ningiga v Peter Lare Koavea [1988–89] PNGLR 312, Wal Wine v Bill Giglmai [1990] PNGLR 462, Jacobs v Kwaindu [1991] PNGLR 366 and Dep International Private Ltd v Ambogo Sawmill Pty Ltd [1987] PNGLR 117 referred to

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Sawong J: The decision on this matter was to have been handed down on 19th May 1995, but on 18th May 1995 both counsel advised the Court to delay handing down a decision, as both parties were entering into negotiations to settle the matter.

It appears from recent correspondence to my associate that the matter has not been amicably resolved, and the parties hae requested that the Court hand down its decision.

By a Notice of Motion, the Plaintiff claimed the following orders:

"A. An Order directing the entry of Judgment for the Plaintiff in these

proceedings pursuant to O12 r38;

B. Costs.

C. And such further Orders as the Court thinks fit."

In support of its relief, an affidavit deposed to by one Steven Tupa was filed. Mr Tupa is the Acting Director, Finance and Administration of the Plaintiff.

Mr Tupa deposed that there was in existence between the parties, a Lease Agreement. The lease was dated 21 March, 1990 and it was for a term of 15 years commencing on 1 July 1990.

He further deposed that, under the terms of the lease, the Defendant as lessee, agreed to pay to the Plaintiff an annual rent of K520,772.00 payable by equal quarterly payments. He further deposed that the Defendant had not paid any of rentals for the period 1991 to 1994...