Rimbink Pato, trading as Pato Lawyers v Enga Provincial Government [1995] PNGLR 469

• Jurisdiction: Papua New Guinea
• Court: National Court
• Judge: Kapi DCJ
• Judgment Date: 07 July 1995
• Citation: [1995] PNGLR 469
• Judgment Number: N1340
• Year: 1995

Full Title: Rimbink Pato, trading as Pato Lawyers v Enga Provincial Government [1995] PNGLR 469

National Court: Kapi DCJ

Judgment Delivered: 7 July 1995

N1340

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

RIMBINK PATO, TRADING AS PATO LAWYERS

V

ENGA PROVINCIAL GOVERNMENT

Waigani

Kapi DCJ

5 July 1995

7 July 1995

JUDGMENTS AND ORDERS — Enforcement — Claims By and Against the State Act Ch 30, s 6 — Application for garnishee notice — National Court Rules O 13 r 56.

JUDGMENTS AND ORDERS — Execution and attachment — Enforcement — Legal Proceedings By and Against the Provincial Government Act 1978 (Enga) — No prohibition of execution or attachment against the provincial government.

WORDS AND PHRASES — Meaning of "the State" discussed.

Facts

The plaintiff applied for leave to levy execution against the Enga Provincial Government. The latter claimed protection under the Claims By and Against the State Act Ch 30.

Held

1. Subject to any other provision of the law, the term "the State", for purposes of Claims By and Against the State Act, means the National Government or an arm, department, agency, or instrumentality of the National Government. This does not include a provincial government.

2. It is, therefore, clear that any suit, execution or attachment, or process in the nature of execution or attachment may be issued against the Provincial Government.

Counsel

J Bray, for the plaintiff.

No appearance for the respondent.

7 July 1995

KAPI DCJ: This is an application by the plaintiff by way of notice of motion for leave to issue a garnishee notice pursuant to O 13 r 56 of the National Court Rules. Under this rule, leave shall not...