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Enga Provincial Government v Arlo [2002] PGNC 71; N2271 (2 July 2002)

N2271

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

WS NO. 1089 OF 2001

Between:

ENGA PROVINCIAL GOVERNMENT
Plaintiff

And:

ROLAND ARLO
First Defendant

And:

MARY ARLO (As personal
Representative of ROLAND ARLO Deceased).
Second Defendant

And:

ARLO AIR LIMITED
Third Defendant

Mt. Hagen : Jalina, J
2002 : 20th March & 2nd July

Counsel:
J. Nandape for Plaintiff
No appearance for Defendants

2nd July 2002

DECISION

JALINA, J.: This is a claim by the Plaintiff for the sum of K85,975.00 which was fraudulently withdrawn by the First Defendant from the Plaintiff’s account with the Bank of South Pacific on or about 10th June, 1998. The Plaintiff also claims general damages for fraud and conversion as well as interests and costs. Default judgment for damages to be assessed was entered against the Defendants on 30th November, 2001 so the matter comes before me for assessment of damages.

At the hearing, lawyer for the Plaintiff Ms. Nandepe abandoned the claim for general damages for fraud and conversion and only pursued the claim for K85,975.00 plus interests and costs.

Trial on assessment has been conducted ex parte as the Defendants did not appear even though service had been effected on them through their registered office. In fact it is clear from my perusal of the file that the Defendants have not shown any interest in opposing the proceedings. The entry of default judgment is proof of the Defendants’ lack of interest.

During the trial on assessment of damages, Ms. Nandape relied on the affidavits of Harry Derkley, Clement Tare, David Pone, Lawson Kande and David Burrows which were all filed on behalf of the Plaintiff.

I have considered the evidence contained in those affidavits. In the absence of evidence in rebuttal from the Defendants either orally or by affidavit, I accept the Plaintiff’s evidence and find the Defendants liable to the Plaintiff in the sum of K85,975.00. I also award interest at 8% per annum on the principal sum from the date of issue of the writ to judgment which is a period of approximately 10.3 months. That would work out to K5,903.62.

So the total amount I award as well as order the Defendants to pay the Plaintiff is K91,878.62. The Plaintiff’s costs shall be paid by the Defendants to be taxed if not agreed.

I further order that if K91,878.62 with costs are not paid within 12 months from today, then interest shall accrue at 8% per annum till paid.
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Lawyer for the Plaintiff : Tamutai Lawyers
Lawyer for the Defendants : In Person (Nil)