Andrew Nagari v Rural Development Bank; Rural Development Bank v Andrew Nagari {2007) N3295

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2007) N3295
• Year: 2007
• Docket Number: WS 1030 OF 2004
• Date: 16 April 2007

Full Title: WS 1030 OF 2004; Andrew Nagari v Rural Development Bank; Rural Development Bank v Andrew Nagari {2007) N3295

National Court: Gavara–Nanu, J

Judgment Delivered: 16 April 2007

PRACTICE AND PROCEDURE—District Court Complaint duplicating claims in a National Court proceeding—Whether District Court proceedings are bona fide—Abuse of process.

PRACTICE AND PROCEDURE—National Court—Inherent jurisdiction to summarily determine - Abuse of judicial process generally.

PRACTICE AND PROCEDURE—District Courts Act Chapter No. 40, s. 24 (1) & (2)—Transfer of proceedings to the National Court - Circumstances in which such transfer may amount to an abuse of process.

Case cited:

Karl Paul v. Aruai Kispe, N2085; PNG Forest Products Pty Ltd v The State [1992] PNGLR 85

1 Gavara–Nanuu J: There are two motions before me. One is by the defendant, filed on 24 January, 2007 and the other by the plaintiff, filed on 27 March, 2007.

2. The defendant’s motion seeks orders that permanent ex-parte restraining orders obtained by the plaintiff in respect of Complaint No. 3355 of 2004, filed at the Port Moresby District Court on 11 August, 2004 (‘the Complaint’) be dismissed for abuse of process. Alternatively, the Complaint be dismissed for want of prosecution and the ex-parte orders obtained by the plaintiff at the Port Moresby District Court on 11 August, 2004, pursuant to the Complaint be set aside with costs.

3. The plaintiff’s motion on the other hand seeks orders that the Complaint be brought up to the National Court and be extended and the ex-parte orders made by the National Court in respect of these proceedings on 15 November, 2006, for time to be extended for the defendant to file its cross-claim be set aside and the defendant’s cross-claim filed on 16 November, 2006 be either dismissed or struck out for being frivolous, vexatious and having no reasonable cause of action and abuse of process. The plaintiff also seeks orders that the defendant take appropriate actions to obtain a trial date and expedite the hearing of this action.

Background

4 To put the two motions in perspective, it...