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Kunkene v Rangsu [1999] PGNC 80; N1917 (8 September 1999)

Unreported National Court Decisions

N1917

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

WS NO. 312 OF 1999
BETWEEN
JOHN KUNKENE
PLAINTIFF
AND
MICHAEL RANGSU
FIRST DEFENDANT
AND
THE STATE
SECOND DEFENDANT

Goroka

Kirriwom J
8 September 1999

Counsel

Mr D. Umba for the Plaintiff

Ms H D Polume-Kiele for the Defendants

8 September 1999

KIRRIWOM J: This is anication for defa default judgement to be entered against the Defendants for failing to file their Defence within time. There isuestion about the the notice being given by the acting Solr General of his inte intention to d thnd this action. This was fil 10th May 1999 1999. The Defendwere requirefileefile their Defence by 13th 13th July 1999 but they failed to do so until 3rd of August 1999. At the time this cation waon was pursue Defes’ Defence ence was already registered with the CourtCourt.

It was pointed out to the Plaintiff’s counsel that thes already a defence on the file in the hope that he could culd consider the merits of the defence and decide whether he needed to pursue his application or not. After all a default judgement can be set aside if the Court is convinced that the Defendant has defence on the merits to warrant the case going to a full trial. Counsel chose not to take the hint and proceeded with tplication.

As the Cohe Court’s jurisdiction imposed by the Rules in these applications are discretionary, I exercise my etion against granting the relief for default judgement.&#1t. Iatisfied that the Defendafendant’s defence has merits as it raises contributory negligence on the part of the Plaintiff.

There are ample authorities on this aspect. Thus, whhe Dents have tech technicahnically failed to meet the deadline by some weeks, I don’t think applying strict technical rules woelp both parties. It only exaces and procrasocrastinates the delay for earlier settleettlement. As I do hold the view that the defence has some merits. I disthe Plaintiff’s217;s application but order that the partintinue with with the png and consequently can reach the solution.

I award no costs.

Lawyer for the the Plaintiff: Acanufa & Associates