Eliakim Laki, Gabriel Aguba, Papapara Yanam, Topi Wauwe, Simon Tolai and 167 other Former Block Holders of Kavugara Oil Palm Block, West New Britain (Whose names are listed on the Schedule to this Writ) v Gua K Zurenouc, Secretary Department of Lands and Utula Samana, Secretary Department of Agriculture and Livestock and The Independent State of Papua New Guinea (2005) N2818

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 13 April 2005
• Citation: (2005) N2818
• Docket Number: WS 1196 of 2001
• Year: 2005

Full Title: WS 1196 of 2001; Eliakim Laki, Gabriel Aguba, Papapara Yanam, Topi Wauwe, Simon Tolai and 167 other Former Block Holders of Kavugara Oil Palm Block, West New Britain (Whose names are listed on the Schedule to this Writ) v Gua K Zurenouc, Secretary Department of Lands and Utula Samana, Secretary Department of Agriculture and Livestock and The Independent State of Papua New Guinea (2005) N2818

National Court: Davani J

Judgment Delivered: 13 April 2005

1 Practice and Procedure—Notice of Intention to Make a Claim against the State—Notice given in earlier proceedings—earlier proceedings struck out—Notice went with proceedings—Claims By and Against the State Act 1996 s5.

2 Practice and Procedure—Fresh proceedings filed—plaintiff did not give notice—relies on notice issued in earlier proceedings—Notice issued in earlier proceedings not a valid notice for present proceedings—effect, no notice given

3 Practice and Procedure—No notice issued—no cause of action—action stands dismissed.

4 Daniel Hewali v PNG Police Force [2002] PNGLR 146, John Bokin v The State (2001) N2111, Kasper Wek, 10 others and their families v The State and others (2005) Unreported and Unnumbered National Court judgment dated 21 February 2005, Paul Tohian, Minister for Police and The Independent State of Papua New Guinea v Tau Liu (1998) SC566, Yawasoro Poultry Farm v The PNG Defence Force (2004) N2736, William Maki v Michael Pundia [1993] PNGLR 337, Republic of Peru v Peruvian Guano Company (1887) 36 Ch D 489, Joy Kawai v MVIT (1998) SC588 referred to

DECISION on application to dismiss proceedings

___________________________

Davani J:

I heard this application and reserved for ruling on the issue of whether s5 Notice under the Claims By and Against the State Act 1996 ('Claims Act') issued in earlier proceedings, is still a valid notice. This is my decision.

Background

I have heard that earlier proceedings WS 801 of 1998 filed by the plaintiffs was struck out by his Honour Sevua J on 10 November 2000. The proceedings were struck out because amongst others, the court found that the 168 plaintiffs had not properly pleaded their cause of action against each of the defendants. The decision is numbered N2001 dated 10 November 2000. The plaintiff has not appealed this decision.

The present Writ of Summons and Statement of Claim now before me are...