Titus Keran v Jerry Warun and Country Motors Pty Ltd

• Jurisdiction: Papua New Guinea
• Citation: [1994] PNGLR 130
• Date: 18 August 1994
• Court: National Court
• Year: 1994

National Court: Sevua J

Judgment Delivered: 18 August 1994

1 Practice and procedure—discovery—default—failure to deliver list of documents—Right of party to apply for dismissal of defence—O9, r15 National Court Rules

2 Practice and procedure—failure to comply with notice—Application to set aside judgment against defendants—discretionary power—no good reason for default—application dismissed

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Sevua J: The First and Second Defendants by way of notice of motion seek that the default judgment entered against them on 12 July 1994 be set aside and they be permitted to file and serve a list of documents with verification. They also seek costs and other orders. This application was made yesterday when the trial for assessment of damages and declaration was supposed to have been dealt with in pursuance of the order of 12 July, 1994.

On the outset let me briefly refer to the history of these proceedings. On 16 November, 1993, Writ of Summons No. 53(L) of 1993 was filed at the sub–registry in Lae. On 23 November, 1993 Senior Sgt. Arthur Taliva of Lae Police, effected service on the First Defendant. On 1 December, 1993 service was effected on the Second Defendant through it's registered office at Section 88, Allotment 2, Aircorps Road, Lae in pursuance of the Companies Act. On 14th December, 1993 the Second Defendant filed a notice of intention to defend through it's lawyer, Sawong and Gamoga. On 29th December, 1993 the First and Second Defendants' defence was filed. On 11th January, 1994 the Plaintiff filed notice for discovery with verification which was served on the Defendants' lawyer on 14th January, 1994. On 24th January, 1994, the Defendants' lawyer wrote to the Plaintiff's lawyer and acknowledged service. The Defendants' lawyers also advised the Plaintiff's lawyers that the Defendants were compiling all the necessary documents and as there was "a fair bit of documents," the Plaintiff was requested to consent to an extension till the end of February, 1994. On 28 January 1994 the Plaintiff's lawyer advised the Defendants' lawyer that the Plaintiff has consented...