Provincial Government of North Solomons v Pacific Architecture Pty Ltd

• Jurisdiction: Papua New Guinea
• Citation: [1992] PNGLR 145
• Date: 27 February 1992
• Court: Supreme Court
• Year: 1992

Supreme Court: Amet J, Woods J, Doherty J

Judgment Delivered: 27 February 1992

1 Practice and procedure—appeal—whether appeal from interlocutory or final judgment

2 Practice and procedure—application to set aside default judgment—principles applicable—defence on merits to be particularised

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By the Court: This is an appeal from an order of the National Court dismissing an Application by the Appellant to set aside a judgment entered against the Appellant for Default in filing a Notice of Intention to Defend.

The sequence of events was that on 10 of October, 1990 Pacific Architecture Pty Ltd issued a summons against the Provincial Government of the North Solomons claiming monies owing under a contract to provide architectural services. This summons was duly served. On 28th of November 1990 Judgment was ordered by the Registrar of the National Court upon the default of the Defendant in filing a Notice of Intention to Defend. On the 19th of December, 1990 the lawyer for the Defendant filed an application by way of Motion for the Default Judgment to be set aside and that the Defendant be granted leave to file a defence. An Affidavit in support was deposed by the Lawyer for the Defendant. The application was heard by the National Court on the 8th of February 1991 and on the 15th of February the Court refused the application. The Appellant is now appealing against that refusal.

As a preliminary matter Counsel for...