Patrick’s Transport Limited v Cascade Apartments Limited (Unnumbered, Hartshorn J, 20 May 2020
Landslip – adjoining owners – liability for loss of support – Dalton v Angus (1881) 6 App Cas 740 – causation – excavation work – strict liability – duty of care – loss and damage.
Pinpar Developer Pty Ltd v TL Timber Development Pty Ltd [2019] PGSC 111; SC1892
Supreme Court – appeal – circumstances in which the corporate veil may be lifted or pierced – agency – sham, fraud and unconscionable conduct – damages – duty to take all reasonable steps to mitigate – onus.
Kimbe Nivani Properties Limited v Nivani Limited [2019] PGSC 75; SC1842
Appeals and reviews – derivative proceedings – proceedings for breach of fiduciary duties and directors’ duties under the Companies Act 1997 – where National Court struck out proceedings related to breach of statutory directors’ duties as time-barred under s 16 (1 )(a) of the Frauds and Limitations Act 1988 – whether a claim for breach of directors’ duties under the Companies Act 1997 is an “action upon a specialty” such that the application was lodged in time – definition of “action upon a specialty” –whether “specialty” is limited to contracts under seal and debts due from the Crown or under statute – whether action brought was a common law claim for damages for the tort of breach of statutory duty.
Kingston v QBE Insurance (PNG) Ltd [2018] PGSC 45; SC1698
Appeal against dismissal of action – breach of contract of insurance – claim for damages – reasonable costs of repairs – failure to prove claim for damages – whether there was evidence to prove damages – claim arising from damage to vessel caused by lightning strike – reasonableness of repairs – objective test – claim assessed from point of view of prudent uninsured - knowledge and circumstances of a prudent uninsured – Perspective of a prudent uninsured in determining reasonable repairs - whether primary Judge failed to take into account relevant evidence – grounds of appeal – leave to appeal – questions of mixed fact and law – Supreme Court Act s 14(1)(c)
Pacific Assurance Group Ltd v Elema [2018] PGNC 400; N7540
Review of decision of Insurance Commissioner – decision to refuse exemption of reinsurance – reasons given for refusal – unreasonableness of decision – Insurance Act s 37 - insurance – reinsurance – exemption of reinsurance – requirements for exemption considered – Insurance Act s 37.
Rimbunan Hijau (PNG) Ltd v Enei [2017] PGSC 36; SC1605
Trespass – locus standi – suing for and in the name of a land-owning clan – title to sue - possession – inappropriate and inapplicable to the circumstances of the country – No waste and vacant land in the country – developer dealing with wrong clan - occupation and use of land illegal – agreement with persons other than the true and correct owners null and void and of no effect – measure of damages – damages to be proportionate to defendant’s gain and must reflect the defendant’s gain – exemplary damages – costs as damages – rejection of common law principles.
Tarsie v Ramu Nico Management (MCC) Ltd [2014] PGNC 320; N4097
Interim injunctions – application to discharge – whether change in circumstances and conduct of parties warrants discharge of injunction.
Medaing v Ramu Nico Management (MCC) Limited (SC 22 December 2011)
Appeal – cross-appeal – refusal of quia temet injunction - discretionary judgment – principles – making of declarations not sought in pleadings or submissions – public and private nuisance – elements of causes of action –Constitution - justiciability of National Goals and Directive Principles – appeal dismissed – cross-appeal allowed.
Louis Medaing v Ramu Nico Management (MCC) Ltd (2011) PGNC 95
Torts – nuisance – whether action for common law tort of nuisance excluded by Environment Act 2000 – standing of plaintiffs – whether anticipated effect of first defendant’s activity amounts to a nuisance – whether defence of statutory authorisation applies - whether first defendant’s proposed activity would be unlawful under the Act. Constitution – National Goals and Directive Principles – National Goal No 4 (natural resources and environment) – justiciability – whether National Court authorised to make orders regarding proposed activities that are contrary to a National Goal under Constitution Sections 23 (sanctions) or 25 (implementation of the National Goals and Directive Principles). Quia timet injunction – permanent injunction – considerations to take into account in exercise of discretion whether to grant relief sought – injunction refused.
National Fisheries Authority v New Britain Resource Development Ltd (2011) PGSC 32
Supreme Court - practice and procedure – Order 7 Rule 53 Supreme Court Rules – Application to dismiss appeal for want of prosecution – Delay in settling index – failure to take further steps after settlement of index.
Mudalige v Rabaul Shipping Ltd (2011) PGSC 34
Defamation – defences – fair comment – truth – qualified privilege: publication made in good faith for the public benefit – Defamation Act Ch No 293, section 9 (1)(b), section 10, section 11(1)(h).
Medaing v Ramu Nico Management (MCC) Ltd [2010] PGNC 175 N4158
Practice and procedure – application by plaintiff to add plaintiffs – National Court Rules, Order 5, Rule 8.
Tarsie v Ramu Nico Management (MCC) Ltd [2010] PGNC 144 N4142
Practice and procedure – application by plaintiffs for leave to discontinue proceedings – National Court Rules, Order 8, Rule 61.
Tarsie v Ramu Nico (MCC) Ltd [2010] PGNC 143 N4141
Practice and procedure – application by a person to be added as a plaintiff to proceedings already commenced – National Court Rules, Order 5, Rules 2, 8, 11, 13.
Medaing v Ramu Nico Management (MCC) Ltd [2010] PGNC 149 N4127
Interim injunctions – interim order sought to prevent preparatory or construction work on tailings placement system for a mine - serious questions to be tried - undertaking as to damages - whether damages an inadequate remedy - balance of convenience - in the interests of justice to restrain operation (but not construction).
Tarsie v Ramu Nico Management (MCC) Ltd [2010] PGNC 134 N4122
Practice and procedure – discovery and inspection of documents – National Court Rules, Order 9, Rules 10 and 15 – whether the court should order defendants to produce documents for inspection.
Ramu Nico Management (MCC) Ltd v Tarsie [2010] PGSC 22 SC1075
Appeal from interim injunction preventing construction of nickel mine undersea tailings disposal system – Environment Act 2000 – standing – whether serious questions raised in relation to the law of nuisance - whether serious environmental damage will be caused – whether trial judge erred in exercise of discretion.
Ramu Nico Management (MCC) Ltd v Tarsie [2010] PGSC 5 SC1056
Appeal – competency - whether leave required to appeal against an order refusing to set aside an interlocutory injunction – Supreme Court Act – statutory interpretation - purposive approach to interpretation.
Kara v Public Curator of PNG (2010) N4055
Security for Costs - Order 14 Rule 25 National Court Rules - consideration of evidence requirements - whether claims are statute barred pursuant to ss. 16 (1) (a) and 19 (1) Frauds and Limitations Act.
Kara v Public Curator of PNG (2010) N4048
Claims By and Against the State Act s. 5 - notice of intention to make a claim against the State - whether notice required to be given for a claim made pursuant to s. 36 Public Curator Act.
Tarsie v Ramu Nico (MCC) Ltd [2010] PGNC 157 N4005
Practice and procedure – separate questions – National Court Rules.
Tarsie v Ramu Nico Management (MCC) Ltd [2010] PGNC 77 N3987
Interim injunctions – application to set aside – considerations to take into account - National Court has power under the Constitution, ss163(2), 155(3)(a) and 155(4), and the National Court Rules, Order 8, rule 8(4) to set aside its own interim orders.
Tarsie v Ramu Nico Management (MCC) Ltd [2010] PGNC 76 N3986
Orders in nature of interim injunctions – motion seeking clarification of effect of previous order - declaration being a clarification, not a variation of the existing order.
MAPS Tuna Ltd v Cummins Engine Company Pty Ltd WS 553/02 (3 March 2010)
Negligence – breach of contract – maintenance of marine engine – duty of person exercising trade of calling - causation – pleadings - evidence – claim dismissed.
Tigam Malewo v Keith Faulkner [2009] PGSC 3 SC960
Proper mode of commencement of proceedings in the National Court – whether originating summons disclosed a reasonable cause of action – whether proceedings were frivolous, vexatious or an abuse of process – requirements for commencement of representative actions.
Westcott v MVIL [2008] PGNC 207 N3565
Negligence – liability – motorbike with pillion passenger – collision with a truck – whether plaintiff is contributorily negligent - evidence – conviction in lower court – admissibility of court records an issue – ss.45, 47 of Evidence Act chapter - damages – leg injury – compound fracture of right femur, right tibia and fibula – fracture of right hand – permanent disabilities and scarring to right thigh, knee, calf and 1cm shortening of leg – osteoarthritis – maximum liability – other defendants to pay excess – s.49(2)(a)(i); s.54(1)(5) of Motor Vehicles (Third Party) Insurance Act Chapter 295.
Tigam Malewo v Keith Faulkner [2007] PGNC 150 N3357
Practice and procedure - originating summons - seeks numerous declarations - disputed facts apparent - incorrect made of proceedings - o. 4 r. 2 - o. 4 r. 3(2) of National Court Rules - representative action - originating summons - lack of indorsement - lack of written authorities - lack of cause of action - o.4 r. 20 - o. 5 r. 13 of National Court Rules.
Moresby Claim Adjustment Partners Ltd v Wyatt Gallagher
Basset [2003] SC714
Appeal – defamation – letter to Insurance Commissioner
making false allegations – whether publication – qualified
protection under Section 11 of the Defamation Act – Whether
statements made in good faith – damages for actual
loss and loss of goodwill.
PNG Aviation Services Pty Ltd v Michael Somare [1997]
PNGLR 515
Defamation – Defamation Act – defence of privilege
and or qualified privilege – claim of malice and
or lack of good faith. Damages.
Davis v Motor Vehicles Insurance (PNG) Trust [1990] PNGLR
571
Personal injuries – whiplash injury – continuing
employment – male aged 53 years – motor mechanic
/fleet manager – heads of damage.
Graeme Rundle v Motor Vehicles Insurance (PNG) Trust (No.
3)
[1988-1989] PNGLR 618
Negligence – road accident – disabled vehicle
under tow – driver of towing vehicle negligent. Measure
of damages – personal injuries – welder – male
aged 27 (34 at trial) – heads of damage.
Motor Vehicles Insurance (PNG) Trust v Reading [1988-1989]
PNGLR 608
Measure of damages – personal injuries – motor
vehicle accident – limited liability of defendant
for damages – no limit on interest and costs.
Colbert v Independent State of Papua New Guinea [1988-1989]
PNGLR 590
Employer’s liability for injury to employee – risk
of intentional injury from third party – employer
providing residence in connection with employment - employee
stoned by intruder – employer liable. Measure of
damages – sickness benefits – invalid pension – payment
under Australian law – to be disregarded Social
Security Act 1947 (Cth).
Arawe Logging Pty Ltd v Independent State of Papua New
Guinea
[1988-1989] PNGLR 216
Practice and procedure – declaratory relief – claim
against State –
Appropriate parties – proper defendant State rather
than Minister.
Motor Vehicles Insurance (PNG) Trust v Reading [1988]
PNGLR 236
Appeal - personal injuries – statutory limit on liability – damages
limited to k100,000 – damages not including interest
or costs – Motor Vehicles (Third Party) Insurance
Act (Ch No 295) – Judicial Proceedings (Interest
on Debts and Damages) Act.
Reading v Motor Vehicles Insurance (PNG) Trust [1988]
PNGLR 266
Damages – personal injuries – permanent brain
damage – shunt dependent – unemployable – female
aged five months (10 years at trial). Award exceeding limit
of liability – no limit on liability for interest
and costs.
Graeme Rundle v Motor Vehicle Insurance (PNG) Trust [1988]
PNGLR 20
Appeal - notice to Motor Vehicles Insurance (PNG) Trust – application
for extension of time – to whom and how made – extension
within discretion of court – exercise of discretion – Motor
Vehicles (Third Party Insurance) Act (Ch No 295), s 54(1),
(6).
Bernard Coady v Motor Vehicles Insurance (PNG) Trust [1987]
PNGLR 55
Appeal – measure of damages – personal injuries – loss
of earning capacity – infant plaintiff – relevant
principles – need for real or substantial risk
of restriction on employment.
Graeme Rundle Motor v Vehicles Insurance (PNG) Trust (No.
2)
[1987] PNGLR 44
Statutes – interpretation – to resolve ambiguity – use
of parliamentary debates – where will determine mischief
to be remedied. Notice to Insurance Trust – period
extended by Commissioner – extension not complied
with – application to court for extension competent.
Graeme Rundle v Motor Vehicles Insurance (PNG) Trust (No.
1)
[1986] PNGLR 181
Notice to Motor Vehicles Insurance (PNG) Trust – no
action unless notice within six months of accident – extension
of period by Commissioner – second extension not
permitted – Motor Vehicles (Third Party Insurance)
Act, s 54(6).
Bernard Coady v Motor Vehicles Insurance (PNG) Trust [1985]
PNGLR 450
Personal injuries – head and facial injuries – scarring – child
aged four and a half.
Costs – departing from general rule – powers
of court – payment into court – judgment
for less than amount paid in.
Anton Johan Pinzger v Bougainville Copper Ltd [1985] PNGLR
160
Personal injuries – loss of earning capacity – future
loss – notional tax – inflation – proper
discount rate 3 per cent. Interest on award – award
compensatory – appropriate rate – date from
which to be calculated – principles to be applied – Judicial
Proceedings (Interest on Debts and Damages) Act (Ch No
52), s1.
Costello v Talair Pty Ltd [1985] PNGLR 61
Damages – burns – lacerations – chest
and shoulder injuries – traumatic amputation of ear – scarring – fear
of flying – male aged fifty-seven – statutory
limit on amount “for damage sustained” – not
including interest or costs – Civil Aviation (Aircraft
Operators’ Liability) Act.
Caedmon Koieba v Motor Vehicles Insurance (PNG) Trust
[1984] PNGLR 365
Damages – fracture of mid shaft of femur – pinning
and bone grant –Anglican priest aged forty (forty-six
at trial) – forced early retirement at forty-nine – economic
loss commencing three years after trial – discount
factor – appropriate rate five per cent.
Motor Vehicles Insurance (PNG) Trust v Lucian Vevehupa
[1984] PNGLR 224
Damages – medical and hospital care – hospital
treatment in Australia – treatment provided by Repatriation
Commission – liability to pay – cost of recoverable
in action – Repatriation Act 1920 (Cth).
Anton John Pinzger v Bougainville Copper Limited [1983]
PNGLR 436
Personal injuries – particular awards of general
damages – lumbar disc injury – conservative
treatment – continuing pain – fit only for
light work – male tunnel foreman in mining industry
aged 36 – difficulty in finding employment in Australia.
Lucian Vevehupa v Motor Vehicles Insurance (PNG) Trust
[1983] PNGLR 343
Personal injuries – medical and hospital care – motor
vehicle accident – hospital treatment in Australia – treatment
under Repatriation Act 1920 (Cth) – treatment not
free treatment – damages – currency in which
to be awarded.
Koko Kopele v Motor Vehicles Insurance (PNG) Trust [1983]
PNGLR 223
Negligence – contributory negligence – passenger
on overcrowded truck – reckless and grave risk – contribution
assessed at 70 per cent. Damages – personal injuries – economic
loss – calculation of present value of future economic
loss.
Hugh James Hassard v Bougainville Copper Limited [1981]
PNGLR 182
Damages – personal injuries – economic loss – calculation
of present value of future economic loss – actuarial
method preferred – inflation not relevant to assessment – inflation
relevant to interest discount rate – notional tax
nil.
John Cybula v Nings Agencies Pty Ltd [1981] PNGLR 120
Award of interest – damages for personal injuries – discretionary
power to award – method of calculation – apportionment
of award for pre-judgment non-economic loss – interest
allowable at ordinary commercial rates.
Motor Vehicles Insurance (PNG) Trust v Payne [1981] PNGLR
114
Insurance – third party liability – government
vehicle – identification of – not necessary
to specify which particular vehicle – not “uninsured
motor vehicle” – not vehicle “identity
of which cannot be established”.
Robert Brown v Motor Vehicles Insurance (PNG) Trust [1980]
PNGLR 409
Negligence – duty of care – injuries to passenger – standard
of skilled, experienced and sober driver – passenger’s
knowledge of driver’s incapacity not relevant to
standard of care –– contributory negligence.
Ronald Emanuel Jordan v Glen Hamilton Edwards [1979] PNGLR
420
Appeal - costs – taxation of costs – particular
items – counsel’s fees – second or overseas
counsel – relevant considerations – Supreme
Court Rules 1977, 0. XCI, r.81A.
Edwards v Jordan Lighting [1978] PNGLR 273
Workers’ compensation legislation – time limitation – liability
of master for injury to servant – common law liability – safe
system of work – duty of employer to devise institute
and maintain safe system of work – damages - male
electrician aged 26.
John Cybula v Nings Agencies Pty Limited [1978] PNGLR
166
Discovery and interrogatories – interrogatories – answers – sufficiency – motor
vehicle accident – admission by defendant company
that its vehicle involved in accident – interrogatories
directed to identity of defendant’s driver and
terms of employment deemed proper.
Robert Tozer v Independent State of Papua New Guinea
[1978] PNGLR 150
Parties – joinder of plaintiff – principles
generally – power discretionary – action for
negligence – whether driver of one vehicle may be
joined with driver of another – whether “same
transaction or series of transactions” – National
Court Rules.