Home | Databases | WorldLII | Search | Feedback National Court of Papua New Guinea

Kiuk v Yama [2024] PGNC 347; N11023 (14 August 2024)

N11023

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

OS. NO. 184 - 191 OF 2024 (IECMS) (CC4)

BETWEEN:
NICKSON KIUK
Plaintiff /Judgment -Creditor

AND:
PETER YAMA
First Defendant/ Judgment-Debtor

AND:
BANK OF SOUTH PACIFIC LIMITED
Second Defendant/Garnishee

AND:
KINA BANK LIMITED
Third Defendant/ Garnishee

Waigani: Coates, J
2024: 14^th August

ENFORCEMENT PROCEEDINGS - ruling on garnishee – orders nisi made – orders made absolute

Cases Cited:

Tyson,Yapao v. Yaliman Pawe (2023) N10110

Counsel:

In-person for Plaintiff

N/A for the Defendants

DECISION

14th August 2024

1. COATES, J: On Wednesday 7 August 2024, I granted leave to the plaintiff to file and serve garnishee notices on the defendants.
2. The orders were by way of Orders Nisi, meaning that they were not as yet complete and would not be made absolute until the final hearing of the matter.
3. By way of background, the plaintiff is the lawyer who assisted the first defendant in election petition matters.
   
4. A dispute occurred as to renumeration.
5. Various applications were made to the court, with the result being that costs orders were made in favour of the plaintiff.
6. A number of costs orders were subject to taxation and certificates of taxation were issued.
7. When payment was not made by the first defendant to the plaintiff, court proceedings followed.
8. On various dates as follows, his Honour Makail J converted the costs to judgment costs:
   
   1. 18 March 2020 – K1,278,182.40;
   2. 18 March 2020 – K1,796,357.20;
   100. 5 August 2021 – K265,897.50;
   4. 5 August 2021 – K412,040.20;
   5. 5 August 2021 – K189,938.10;
   6. 5 August 2021 – K392,433.80;
   7. 5 August 2021 – K236.820.10;
   8. 5 August 2021 – K759,639.32;
      

A figure of 8 per cent interest on each judgment sum was also ordered.

9. As required by Order 13 Rule 56 of the National Court Rules (NCR), the amounts can be clearly identified and calculated due to His Honour stating the interest rate.
10. Also as required, I am satisfied upon the evidence that the judgment remains unsatisfied and there is a debt due and accruing to the judgment debtor from the garnishee.
11. I was further satisfied that a proper interpretation of the rule was stated in Tyson Yapao v. Yaliman Pawe (2023) N10110 that: “Garnishee proceedings in the National Court are instituted under Division 7 of Order 13 NCR. The procedure is akin to that which governs applications for judicial review under Order 16 NCR for judicial review, which is commenced by an ex parte application for leave to apply for judicial review, which if granted, allows for substantive hearing of an application for judicial review.”
12. The order Nisi was made on an interim basis.
13. The Court has considered the written submissions filed on 13 August 2024.
    
14. The Court is now satisfied that everything that needs to be performed has been performed, including required advertising in the newspapers and will now make the order absolute.
    

ORDER

15. The orders Nisi made on 7 August 2024 are made absolute.
    

Judgment accordingly.
__________________________________________________________________

Plaintiff in Person: Lawyer for the Plaintiff