John Bokin, Philip Kua, Anton Kua, Kime Hanbruk, Leo Ongane, Pastor Pius, Philip Wena, Peter Gende, Anton Paran, Petrus Awad and other Residents of Tamanda Village, Bulolo, Morobe Province v Sergeant Paul Dana, Wakon John, Police Commissioner and The Independent State of Papua New Guinea (2001) N2111

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2001) N2111
• Year: 2001
• Date: 13 June 2001

Full Title: John Bokin, Philip Kua, Anton Kua, Kime Hanbruk, Leo Ongane, Pastor Pius, Philip Wena, Peter Gende, Anton Paran, Petrus Awad and other Residents of Tamanda Village, Bulolo, Morobe Province v Sergeant Paul Dana, Wakon John, Police Commissioner and The Independent State of Papua New Guinea (2001) N2111

National Court: Davani J

Judgment Delivered: 13 June 2001

1 PRACTICE AND PROCEDURE—Plaintiffs application for Default Judgment, Defendants application to dismiss proceedings or alternatively, for leave to file Notice of Intention to Defend and Defence—Letter giving notice of intention to make a claim against the State shall be personally served—Affidavit of Service must state that Notice was personally served on appropriate persons referred to in Claims By and Against State Act within a period of six months after the occurrence out of which the claim arose. Claims By and Against the State Act 1996 s5(1)(a), s5(1)(b), s5(2)(a), s5(2)(b), s5(2)(c), s5(3)(a), s5(3)(b), Motor Vehicles (Third Party Insurance) Act (Ch295) s54(6).

2 Paul Marinda v The Independent State of Papua New Guinea (1991) N1026, Paul Tohian v Tau Liu (1998) SC566 and Kamapu Minato v Philip Kumo (1998) N1768 referred to

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Davani J: There are two applications before me. An Application for Default Judgment filed by the Plaintiffs and the Defendants application to either dismiss the proceedings or alternatively, for leave to file Notice of Intention to Defend and Defence.

The Plaintiffs also requested, in court, an amendment to the Statement of Claim to include the correct date of the alleged raid, being "27 April 1997".

The Plaintiffs Notice of Motion seeking those orders was filed on 21 March 2001.

In support of that application, the Plaintiffs filed the following documents:

• Affidavit of Service sworn by Joe Yal Maroons, dated 5 February, 2001 and filed...