DC192

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 1475 OF 2004

BETWEEN

Imabuwan Inugu
Complainant

V

National Capital District Commission
First Defendant

Robin Yanopa
Second Defendant

George Karaliyo
Third Defendant

Port Moresby: Bidar
2005: 2nd August

DECISION

BIDAR PM: Complainant’s claim is for outstanding allowances for her service to the First Defendant, when she was engaged by the Former City Manager, Mr. Jamie Maxton Graham in or about 1999.

She claims an outstanding sum of K9, 600.00 as well as costs for repatriation.

Defendants, particularly the Third Defendant’s through its lawyers have denied engaging the Complainant at all and further deny that complainant performed any work for 5 years.

Before I deal with the substance of the matter and whether there is evidence to support the claim, one important factor which may decide the fate of the case, is the requirement to give notice under s.5 of the Claims By and Against the State Act.

Complainant filed summons upon complaint against the defendants on 14th April 2004.

The purported section 5 notice was dated 23rd May 2005 to the Solicitor General’s Office. This was more than 12 months after the proceedings had been filed. The requirement of section 5 notice is that it must be given 6 months after the cause of action arose. Section 5 notice is a condition precedent to filing of proceedings. Notice cannot be given after proceedings have been filed and served as is the case in these proceedings.

The law is clear under s.5 of the Claims By and Against The State Act, that before any proceedings against the State is filed, notice must be given to Solicitor General or to the Departmental Head. Failure to do so renders filing of proceedings a nullity.

Complainant in this case had not complied with that condition precedent and therefore the proceedings she filed in April 2004 is a nullity.

Court therefore orders that the proceedings be struck out. I order no costs.

Rules accordingly.

In Person: Complainant
In Person: Defendant