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Bandi v Steven [2005] PGDC 120; DC458 (26 October 2005)

DC458

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 669 OF 2000

BETWEEN

Tapia Bandi
Complainant

V

Maria Steven
Defendant

Port Moresby: Bidar, PM
2005: 26th October

Deceased Estate – claim for share of deceased estate Who died interstate Wills Probate and Administration Act – Public Curators Act – Public Curator Official Trustee of Papua New Guinea

District Court – Jurisdiction – whether or not court is vested with jurisdiction – Distribution of deceased Estate – Deceased died intestate.

Cases cited
There are no cases cited in the judgment

Counsel
Complainant appeared in person
No appearance of the Defendant

DECISION

26th October 2005

BIDAR, PM: On the 1st March 2005, Complainant filed summons upon complainant against the defendant, claiming share of deceased Steven Bandi’s estate, who died intestate on 19 September 2001. The late Steven Bandi was Managing Director of Bandi Corporation Ltd.

A business transaction was completed whereby PNG No.1 Trophy Ltd bought off all the shares of Bandi’s Corporation on 8th April 2004.

On 4th May 2004, a new company was registered with Investment Promotion Authority. The company was Bandi No.2 Ltd in memory of the late Steven Bandi.

Out of the business transaction between the former Bandi Corporation and PNG No. 1 Trophy Ltd, shareholders approved K5000.00 to build the headstone for the late Steven Bandi paid further K5000.00 as personal donation from Frank Gui Managing Director of PNG No. 1 Trophy Ltd a total of K10 000.00

On May 4 2004, the new company Bandi No.2 Ltd, appointed Matthew Wagaki Bandi, eldest son of late Steven Bandi to stake over as Managing Director.

It is said that the defendant, widow of late Steven Bandi on 19th July 2005, collected K10 000.00 and fled to Chuave, Simbu Province and used the money for her own purposes.

It appears the complainant claims K10 000.00 from the defendant as well as return of other assets (estate).

It is not clear how the complainant is entitled to claim. He is named as Director in Bandi No.2 Ltd. The former Bandi Corporation had a cleaning contract with PNG No.1 Trophy Ltd. The new Co. Bandi No. 2 Ltd attempts to secure the cleaning contract but it is not sure, if this was done.

In determining this matter, in my view there are a number of issues to be resolved including courts Jurisdiction.

The deceased estate includes:

- Two 3 tones trucks
- A trade store building
- Cleaning contract with PNG No.1 Trophy Ltd
- Headstone money K10000.00
- Payments received from PNG No.1 Trophy Ltd

- All other items or funds

Basically, as I alluded to the claim is for return of deceased estate, some of which I referred to. As I alluded to, numbers of issues arise, but in my view the issue of Jurisdiction will determine whether the matter proceeds further.

Sections 32 and 33 of Public Curator’s Act (Ch No.81) vests Jurisdiction with National Court, in relation to determination of dispute and orders as to administration of estates. It is clear this court lacks Jurisdiction to deal with this matter.

In all the circumstances, these proceedings should be struck out. Complaint should file appropriate proceedings at the National Court.