Peter Wanis v Fred Sikiot and The Independent State of Papua New Guinea (1995) N1350

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (1995) N1350
• Date: 01 August 1995
• Year: 1995

Full Title: Peter Wanis v Fred Sikiot and The Independent State of Papua New Guinea (1995) N1350

National Court: Woods J

Judgment Delivered: 1 August 1995

1 Damages—assessment—wrongs of Police—unwarranted looting and destruction of private property—need for independent evidence of valuations

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Woods J: This is a claim for damages suffered by the Plaintiff when on 9 February 1993 a number of police under the control of the First defendant entered his premises at Porgera where the plaintiff lived and carried on business and looted and destroyed a substantial amount of property. It is claimed that the police were acting in the course of their duty at the time and that the action was not warranted in law and therefore the State is responsible for the damage done by the police.

The claim by the plaintiff of the police raid on his property has not been refuted by the State and in default of action by the State judgment by default was entered against the State for damages to be assessed. This matter has now come before me on the assessment of damages.

The plaintiff claims that he had established himself at Porgera by setting up a mechanical workshop, and a trade store and a permanent house and had acquired a number of vehicles. He claims one of his vehicles was a Isuzu Dump truck which was used for a sub–contracting job with the PJV Company at Porgera for use on road works in the Enga Province. The plaintiff is claiming for the loss and destruction of the property and also for loss of profits following the destruction...