Bui Minig v Joycelyn Minig (2013) N5327

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2013) N5327
• Year: 2013
• Docket Number: W.S. NO. 1617 OF 2011
• Date: 02 April 2013

Full Title: W.S. NO. 1617 OF 2011; Bui Minig v Joycelyn Minig (2013) N5327

National Court: Kariko, J

Judgment Delivered: 2 April 2013

DAMAGES—application claiming damages pursuant to undertakings as to damages filed by plaintiff in previous District Court proceedings—claim for damages also based on unlawful use of motor vehicle by defendant’s lawyer—defendant also applied to have plaintiffs claim dismissed for not disclosing a reasonable cause of action and for abuse of process - enforcement of an undertaking does not give rise to a cause of action in law - application to enforce an undertaking must be made in the proceedings in which that undertaking is given - The plaintiff’s claims based on enforcement of an undertaking as to damages is dismissed - balance of the plaintiff’s claim adjourned until determination of pending appeal

Cases cited:

Papua New Guinea cases:

White Corner Investments Ltd v Regina Waim Harro (2006) N3089

Lee & Song Timber (Png) Co LTD v Nathanael Burua (2005) N2836

Wei Xiang Cheng & Anor v Agmark Ltd & Anor (2008) N3338

Overseas cases

Cheltenham Gloucester Building Society v Ricketts & Ors [1993] 1 WLR 1545

RULING

1. KARIKO, J: Since their marriage breakdown, the parties have been preoccupied with bitter disputes over various matters but mostly over matrimonial property and this has seen them involve in various legal proceedings in different Courts. One such action concerned ownership of three motor vehicles and this was filed by Mrs...