Paul Tohian, Minister for Police and The Independent State of Papua New Guinea v Tau Liu (1998) SC566

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Judge: Kapi DCJ, Sheehan J, Jalina J
• Judgment Date: 27 August 1998
• Citation: (1998) SC566
• Judgment Number: SC566
• Year: 1998

Supreme Court: Kapi DCJ, Sheehan J Jalina J

Judgment Delivered: 27 August 1998

SC566

PAPUA NEW GUINEA

[IN THE SUPRME COURT OF JUSTICE AT WAIGANI]

SCA NO. 67 OF 1997

BETWEEN:

PAUL TOHIAN, MINISTER FOR POLICE AND

THE STATE

Appellants

AND:

TAU LIU

Respondent

Coram: Kapi DCJ., Sheehan J., Jalina J.

27th August 1998

Practice — Notice of Action — whether mandatory under Claims By and Against The State Act, s 5.

J. Kumura with C. Makail for the appellants.

K. Banyamai for the respondent.

27th August 1998.

By The Court: It is not disputed that the respondent filed an action for defamation against the appellants in the National Court on 15th July 1997. It is also not disputed that a letter purporting to be a notice of intention to make a claim against the State was received by the Solicitor General on the 20th August 1997 in accordance with s 5 of the Claims By and Against The State Act (No 52 of 1996) (hereinafter referred to as the Act) which is in the following terms:

"section 5 (1) No action to enforce any claim against the State lies against the State unless notice in writing of intention to make a claim is given in accordance with this section by the claimant to -

(a) the Departmental Head of the Department responsible for justice matters; or

(b) the Solicitor-General.

(2) A notice under this section shall be given -

(a) within a period of six months after the occurrence out of which the claim arose; or

(b) where the claim is for breach of a contract, within a period of six months after the claimant became aware of the alleged breach; or

(c) within such further period as -

(i) the Principal Legal Adviser; or

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