Paul Marinda v The Independent State of Papua New Guinea

• Jurisdiction: Papua New Guinea
• Court: National Court
• Judge: Woods J
• Judgment Date: 20 December 1991
• Citation: (1991) N1026
• Judgment Number: N1026
• Year: 1991

Full Title Paul Marinda v The The Independent State of Papua New Guinea (1991) N1026

National Court: Woods J

Judgment Delivered: 20 December 1991

N1026

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

WS 424 OF 1991

PAUL MARINDA

V

THE INDEPENDENT STATE OF PAPUA NEW GUINEA

Mount Hagen

Woods J

13 December 1991

20 December 1991

PRACTICE — Suit against State — Default Judgement requires strict compliance — Effect of non-compliance with Claims By and Against The State Act ch.30 — Default Judgement discretionary not mandatory — Writ of Summons not served properly — Default Judgement refused.

Counsel:

D. Poka for the Plaintiff

20 December 1991

WOODS J: The Plaintiff has issued a Writ of Summons against the State claiming damages for false arrest and assault by members of the Police acting in the cause of their duties. The Writ was served on the State by service on an officer in the employ of the State Solicitor's Office. Service of process on the State is provided for under The Claims By and Against The State Act Ch 30 sec.4 which reads; Service of process where State is a Party.

Where the State is a party to a suit, all process in the suit required to be served on it shall be served

a) On the Principal Legal Adviser or

b) In...