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Papua New Guinea Judgments Catchword Index

Administrative Law

1. Application for judicial review of administrative acts—Application under Constitution, s155(4)—Standing of applicant—Decision to cancel entry permit and order removal from country—Prohibited immigrant has no legal or constitutional standing—Constitution, s155(4), Migration Act (Ch16), s6, s12.
        Erwin Guggemos v Acting Minister for Foreign Affairs [1987] PNGLR 352

2. Commission of inquiry—Nature of proceedings.
        Ombudsman Commission of Papua New Guinea v Ellis [1992] PNGLR 437

3. Defence Act—Dismissal of officer outside the Code of Discipline—Dismissing Authority must observe natural justice principles.
        Leo Nuia v Benias Sabumei and others [1992] PNGLR 90

4. Judicial review—Application for—Discretion—Grounds for exercise of—Where application out of time—National Court Rules, O16, r3, r4—Constitution, s60.
        NTN Pty Ltd v Board of Post and Telecommunication Corporation [1987] PNGLR 70

5. Judicial review of judicial acts—Application to review National Court decision in civil jurisdiction—Grounds for—Onus of proof—Where failure of lawyer to lodge appeal within time—Supreme Court Act (Ch37), s17—Constitution, s155(2)(b).
        Independent State of Papua New Guinea v Colbert [1988] PNGLR 138

6. Judicial review of administrative acts—Application for leave—General principles—Where alternative statutory remedies not exhausted—Discretionary considerations—Public policy and socio—political considerations—Whether abuse of process in pursuing remedies concurrently—Employment of Non-citizens Act (Ch374), s9.
        Kekedo v Burns Philp (PNG) Ltd [1988-89] PNGLR 122

7. Judicial review of judicial acts—Application for leave—Civil jurisdiction—Application for review of consent orders—Applicant not "party" to consent orders—Applicant a "person" with right of appeal as party aggrieved by consent orders—Need to justify failure to appeal within time—Application refused—Supreme Court Act (Ch37), s14(2), s17—Constitution, s155(2)(b). SCR No 3 of 1989,
        Kitogara Holdings Pty Ltd v NCDIC [1988-89] PNGLR 143

8. Judicial review of judicial acts—Application to review National Court decision—Civil jurisdiction—Grounds for—where failure of lawyer to lodge appeal within time—Overall interests of justice—Grounds for merits of review fully argued—Grounds for review cogent and exceptional—Application brought promptly—Failure to lodge appeal caused by erroneous view of Rules of Court—Leave granted—Supreme Court Act, s17—National Court Rules, O2 r3(iii)—Constitution, s155(2)(b).
        New Zealand Insurance Co Ltd v Chief Collector of Taxes [1988-89] PNGLR 522

9. Judicial review of judicial acts—Application to review National Court orders on election petition—Where no appeal to Supreme Court—When review available—Where important point of law—Where gross error—Constitution, s155—Organic Law on National Elections, s220.
        SCR No 5 of 1988; Application by Melchior Kasap [1988-89] PNGLR 197

10. Judicial review of administrative acts—Application for leave—Where statutory remedies pursued—Remedies not alternative—Judicial review not available—Customs Act, s178.
        Central Pomio Logging Corporation Pty Ltd v The State [1990] PNGLR 195

11. Judicial review—Application for leave to apply—Ex parte proceedings—Leave to intervene—To be restricted to submissions only—"Arguable case"—National Court Rules, O16 r3(2).
        Diro v Ombudsman Commission of Papua New Guinea [1991] PNGLR 153

12. Judicial review—Judicial acts—Application for leave—Locus standi of Attorney-General—Whether entitled to leave as of right—Ordinary principles to apply—Attorney-General Act 1989, s7(c).
        SCR No 9 of 1990: Application by Bernard M Narokobi [1991] PNGLR 239

13. Judicial review—Leave—Ex parte—Leave to appear—Constitutional principles require a fair hearing—General principles.
        Amadio Pty Ltd v Mt Kare Holdings Pty Limited [1992] PNGLR 218

14. Judicial review—Leave—Dismissal from employment in Post and Telecommunication Corporation—Statutory rights of employee—Procedures for dismissal.
        Application of Demas Gigimat [1992] PNGLR 322

15. Judicial review—Leave—State disciplined forces—Disciplinary offence—Procedure on hearing—Demotion.
        Application of William Kandau [1992] PNGLR 300

16. Judicial review—Leave—Practice and procedure—compliance with Rules of court—Applicant to have "sufficient interest"—Objective assessment of—Whether substantial issues raised—Review of deportation order—Leave granted—Migration Act—National Court Rules, O16 r3.
        Valentine v Somare [1988-1989] PNGLR 51

17. Judicial review—When available—Internal administration—Discretion in processing application—No substantive right affected—Review not available.
        Application of Roteps Pty Ltd [1991] PNGLR 387

18. Judicial review—When available—Available only when other procedures exhausted—Constitution, s155(2)(b).
        Mussau Timber Development Pty Ltd v The State [1987] PNGLR 221

19. Judicial review—Decision of NEC to provisionally suspend provincial government—Suspension not confirmed—Procedure not exhausted—Judicial review not to be used—Constitution, s187(1), s187(2).
        Independent State of Papua New Guinea v Philip Kapal [1987] PNGLR 417

20. Judicial review—Unreasonable delay as bar to relief—Exceptional circumstances to be shown—Constitution, s23(2), s155(4).
        Independent State of Papua New Guinea v Lohia Sisia [1987] PNGLR 102

21. Judicial review of Administrative Acts—Natural justice—duty to observe—Revocation of appointment to statutory board—Scope of power of revocation—duty to give reasons—Where duty to give opportunity to be heard in defence—Revocation of appointment to Land Board—No reasons given—decision reviewed—Land Act (Ch185), s6(3).
        Benson Gegeyo v Minister for Lands and Physical Planning [1987] PNGLR 331

22. Judicial review of administrative acts—natural justice—Revocation of decision to declare public reserve—Scope of power to revoke—duty to give reasons for when challenged—Duty to consult with administering body—No reasons given—Grounds argued without merit—Decision reviewed and revoked—land Act (Ch185), s25—Interpretation Act (Ch2), s35.
        Re Application of NCDIC [1987] PNGLR 339

23. Judicial review of administrative decisions—practice and procedure—Leave to apply—Applicant to have "sufficient interest"—Refusal of work permit for non—citizen—Appeal to Minister rejected—Non-citizen has no legal or constitutional standing—National Court Rules, O16 r5.
        Mugridge v Minister for Labour and Employment [1987] PNGLR 348

24. Judicial review of administrative acts—Appointment to statutory board—Minister to call for nominations for employee representatives—No prohibition on advertising—No prohibition on dealing with separate organisations—Not confined to umbrella organisations—Forged nomination invalid—National Provident Fund Act s6.
        PNG Trade Union Congress v Minister for Finance and Planning [1988-1989] PNGLR 14

25. Judicial review of administrative acts—Deportation order—Whether unlawful act under Constitution—Principles of natural justice relevant—Political reasons for order not reviewable—Constitution, s41—Migration Act .
        Valentine v Somare (No 2) [1988-89] PNGLR 241

26. Judicial review of administrative acts—Natural justice—Revocation of statutory licence or exemption—Scope of power to revoke—Revocation affecting livelihood—Duty to give prior notice grounds for and opportunity to be heard—Minister acting on report of departmental officer—Revocation of statutory exemption to foreign enterprise—Rules of natural justice breached—National Investment and Development Act, s7.
        Bougainville Copper Foundation v Minister for Trade and Industry [1988-89] PNGLR 110

27. Judicial review of administrative acts—Regulation of corrective institutions—Disciplinary offences by correctional officers—Who may hear—Natural justice—Not breached by officer in charge witnessing offence and hearing charge—Power to suspend for "misconduct of any kind"—Corrective Institutions Regulations—Constitution, s59.
        Kairi v Commissioner for Correctional Services [1988-89] PNGLR 36

28. Judicial review of administrative decisions—Rules of natural justice—Breach of—Right to be heard—Right to put case—Ministerial decision—Forfeiture of government lease—Short notice of hearing—Absence of relevant available material before Land Board—Formal notification giving incorrect appeal provisions—Land Act.
        Davis v Pitzz [1988-89] PNGLR 143

29. Judicial review—Grounds for granting—Nature of—Discussion.
        SCR No 1 of 1990; Application by Electoral Commission [1990] PNGLR 441

30. Judicial review—Practice and procedure—Scope of review—Proof of order under review—Onus of proof—Remedies at discretion of court.
        Tohian v Geita (No 2) [1990] PNGLR 479

31. Judicial review of administrative acts—Grounds for—Alleged default of lawyer in prosecuting administrative appeal—Police Appeals Tribunal—Not ground going to decision of Tribunal—Appeal dismissed for want of prosecution—Dismissal within power—Judicial review refused.
        Tandali v The State [1990] PNGLR 170

32. Judicial review of executive acts—Standing to challenge—"Sufficient interest"—Determination of ownership of timber rights—Whether Provincial Government has standing to challenge—Forestry (Private Dealings) Act (Ch217), s7(5).
        Manus Provincial Government v Tarsicius Kasou [1990] PNGLR 395

33. Judicial review—Jurisdiction of Supreme Court—No power to review decisions of differently constituted court—Constitution , s155(2)(a), s155(4).
        SCR No 4 of 1990; Application by Wili Kili Goiya [1991] PNGLR 170

34. Judicial review of judicial acts—Grounds for—Police force—Disciplinary tribunal—Miscarriage of justice required.
        Application of Paul Undipe; Re Police Appeal Tribunal [1991] PNGLR 297

35. Judicial review—Administrative acts—Discretion in Coffee Board in granting licences—Power of court to interfere with that discretion—Coffee Industry Act (Ch20) s12, s13 and s14.
        Erikon Coffee Exporters v Papua New Guinea Coffee Industry Board [1992] PNGLR 56

36. Judicial review—Dismissal from public service—Nature of employment in the public service—No life tenure in public service—Employment Act applied—No reinstatement—Damages for wrongful dismissal.
        Appa v Wama [1992] PNGLR 395

37. Judicial review—Jurisdiction—Disciplinary measures in a government corporation—Nature of employment in a government corporation—Employment Act (Ch373)—No permanency of employment—Demotion reviewable.
        Talin v PNG Waterboard [1992] PNGLR 211

38. Judicial review—Jurisdiction—Determination by Secretary for Labour on appeal from Grievance Board constituted pursuant to agreement—Determination in the nature of private arbitration—Judicial review not available in these circumstances.
        Air Niugini v Joel [1992] PNGLR 132

39. Judicial review of administrative act—Necessity to categorise nature of Comptroller's powers—Customs Act s178—Determination by Comptroller—Principles on review of an administrative decision—"unreasonableness".
        Central Pomio Logging Corporation Pty Ltd v The State [1992] PNGLR 20

40. Judicial review of ministerial act—Whether the act can be the subject of review—Minister's powers prescribed by the Forestry (Private Dealings) Act (Ch217)—Failure to follow Requirements—Breach of duty to act judicially—Discretionary power of Minister to be exercised with clear reference to provisions in the legislation—When requirements in statute become mandatory—Notice—Cancellation of logging rights—Persons entitled to notice—Mandatory requirements for validity of notice, Forestry (Private Dealings) Act, s6(7). Standard of proof necessary when allegation of mala fides made against person exercising discretionary power.
        McDui Development Pty Ltd v Jack Genia, Minister for Forest and The State [1992] PNGLR 49

41. Natural justice—Public service—Transfer in public service—No right to be given reasons and to be heard—Public Services (Management) Act 1986, s23(1)(a), s45, s46, s47, s48.
        Mathew Jaran v Pious Kerepia [1987] PNGLR 16

42. Natural justice—Duty to observe—Public Service—Disciplinary tribunal constituted by Department Head—Scope of duty—Fair procedure—Freedom from bias—Decision to be made by on cogent evidence—Public Services (Management) Act 1986, s45(1), s47(5).
        Gabir v Koronai [1988-89] PNGLR 406

43. Ombudsman Commission—Independence of Ombudsman Commission—Commission's powers of privilege and immunity from summons to give evidence and produced documents to Commission of Inquiry—Ombudsman cannot give evidence to National Court based on common law principles—Nature of privilege of the Ombudsman Commission—Commission's claim of power of privilege and immunity—Constitutional right—Proceedings of a judicial nature—Constitutional law applicable—Common law principles inapplicable.
        Ombudsman Commission of Papua New Guinea v Ellis [1992] PNGLR 437

44. Procedure for application for judicial review. Defects in application for leave.
        Novau v Mark [1992] PNGLR 229

45. Rules of natural justice and breach thereof—Exclusion of rules—Particular cases—Contract of employment—No written terms—Terms and conditions of Committee of Association—No right to be heard on termination where dismissal not for cause.
        Malai v Papua New Guinea Teachers Association [1991] PNGLR 116

46. Statutory bodies—Statutory regulation of marketing—Coffee industry—Export licence—conditions—whether power to impose fettered by contractual provisions of stockpiling agreements—Coffee Industry Act.
        PNG Coffee Industry Board v Panga Coffee Factory Pty Ltd [1990] PNGLR 363

47. Judicial review—Police Force disciplinary charges under Police Force Act (Ch65), s43(g)—Whether principles of natural justice complied with.
        Farapo v Commissioner of Police [1996] PNGLR 17

48. Natural justice—Content of rules of natural justice—Right to face an accuser.
        May v Henao [1996] PNGLR 234

49. Judicial Review—Purported dismissal with no formal notice of dismissal—Whether sufficient if notice is given on date of its effectiveness.
        Tuma v Commissioner of Police [1996] PNGLR 430

50. Improper conduct charges against policeman—Dismissal—Court not to interfere in operation of a disciplined force unless there has been an error or miscarriage of justice.
        Kereyal v Police Commissioner [1996] PNGLR 439

51. Judicial Review—Improper conduct charges—Dismissed by Police Commissioner—Certiorari—Purpose.
        Kereyal v Police Commissioner [1996] PNGLR 439

52. Improper conduct charges against policeman—Dismissal—Court not to interfere unless there has been an error or miscarriage of justice before it should interfere in operation of a disciplined force.
        Kereyal v Police Commissioner [1996] PNGLR 439

53. Decision of Minister for Lands—Decision under Land Act (Ch185), s12(2)(a) to reject recommendation of Land Board and refer matter back to Land Board for re-hearing—Reasons for decision based on socio-political and economic government policy considerations—Whether reasons reviewable by Court—Land Act (Ch185), s8(1), s8(2); s9(3), s9(9); s11(1), s11(2); s12(1), s12(2); s33, National Court Rules, O16.
        Wandaki v Minister for Lands [1996] PNGLR 116

54. Judicial Review—Election petition—Whether "errors or omissions" committed by electoral officers "did affect the result of the election"—irregularities systematically perpetrated by electoral officers so that the integrity of entire ballot papers counted at the recount were seriously called into question—where integrity of whole or some critical phase of electoral process in an election is in question issue more appropriately determined without reference to number of votes affected
        Charles Maino v Moi Avei and Electoral Commission of Papua New Guinea (2000) SC633

Adultery

1. Proceedings for—Compensation—"Total amount of"—Maximum prescribed—Maximum applies where more than one party sued—Adultery and Enticement Act 1988, s11, s12(2).
        Betty Hosea v Eau Maya [1988-89] PNGLR 382

Appeal

1. Against refusal of motions to strike out statement of claim—Abuse of process—Failure to disclose sufficient interest—Jurisdiction of National Court on Constitutional questions. No cause of action based on s18(2)—National Court.
        Lowa v Akipe [1992] PNGLR 399

2. Appeal from Land Titles Commission—Practice and procedure on—No statutory provisions regulating procedures—Conduct of appeal in accordance with other established procedures—Duty of appellant to have record below and appeal papers provided—Supreme Court Appeal (Land Titles Commission) Rules 1968 (repealed).
        Arthur Ageva v Bobby Gaigo [1987] PNGLR 12

3. Appeal from Land Titles Commission—No statutory provisions regulating procedure—conduct of appeal in accordance with justice and commonsense.
        Arthur Ageva v Bobby Gaigo [1986] PNGLR 160

4. Appeal from Supreme Court—Final court of appeal—No power to review decisions of differently constituted Court—Constitution, s155(2)(a), s155(4).
        SCR No 4 of 1990; Application by Wili Kili Goiya [1991] PNGLR 170

5. Appeal to Supreme Court—Practice and procedure—Objection to competency—Failure to file within time limited—No right to argue competency on appeal—Quaere whether discretion to allow—Supreme Court Rules, O7, r14, r15, r16, r17, r18.
        Patterson Lowa v Wapula Akipe [1991] PNGLR 265

6. Appeal, by way of rehearing—Nature of—Determined by statutory context—Lawyers Statutory Committee—Appeal from—By way of hearing de novo—Lawyers Act 1986, s58.
        Toll v Kibi Kara (No 2) [1990] PNGLR 201

7. Appeal on question law—Meaning of "question of law" Practice and Procedure—Income Tax—rules under Supreme Court Act to apply in absence of rules under Income Tax Act 1959.
        The Chief Collector of Taxes v Folkes [1981] PNGLR 58

8. Application for leave to appeal—time for lodging—Date of pronouncement not date of entry relevant date.
        Wood v Watkins (PNG) Pty Ltd [1986] PNGLR 88

9. Bias as ground for—Need for real likelihood or reasonable suspicion—Natural justice.
        Thomas Kavali v Thomas Hoihoi [1984] PNGLR 182

10. Bias as ground for—Need for real likelihood or reasonable suspicion—Suggestion by inference insufficient—Magistrate and prosecutor wantoks not of itself sufficient.
        Fidelis Agai v Buckly Yarume [1987] PNGLR 124

11. Competency of appeal—Time limits in which challenge to be made—Discretion of Supreme Court.
        Lowa v Akipe [1992] PNGLR 399

12. Costs of appeal—Issue first raised on appeal—Issue Successful—No award of costs.
        Dempsey v Project Pacific Pty Ltd [1985] PNGLR 93

13. Criminal Proceedings—Restricted to "a person convicted"—Nolle Prosequi entered—Accused discharged—No right of appeal—alternative procedures available.
        Akui Singi v The State [1985] PNGLR 260

14. Damages—Excessive damages—Personal injuries—In what circumstances appeal court will interfere—So inordinately low or so inordinately high as to be wholly erroneous.
        Government of Papua New Guinea v Mclearly [1976] PNGLR 321

15. Damages—Inadequate—Personal injuries—Principles on which appeal court will interfere—wholly erroneous estimate.
        Kongo Bomai v The State [1979] PNGLR 125

16. Definition of final and interlocutory judgments.
        North Solomons Provincial Government v Pacific Architecture [1992] PNGLR 145

17. Delay in bringing—Delays in provision of transcript and preparation of appeal books working injustice.
        Public Prosecutor v Willy Moke Soki [1977] PNGLR 165

18. District Courts—Error of law—Failure to take view (though not asked for) not valid ground of appeal.
        Wieden v Bogunu Di'i [1976] PNGLR 101

19. Evidence—Appeal against sentence—Fresh Evidence sought to be adduced—Principles.
        John Rumet Kaputin v The State [1979] PNGLR 559

20. Evidence—"Fresh Evidence"—Principles for allowing.
        Busina Tabe v The State [1983] PNGLR 10

21. Evidence on—"Fresh Evidence"—Application to strike out statement of claim—Appeal from dismissal—Defamation proceedings—Material sought to be adduced available at all times—Not fresh evidence.
        South Pacific Post Pty Ltd v Ephraim Ikenna Maduabuchi Nwokolo [1984] PNGLR 38

22. Evidence—"Fresh evidence" What constitutes.
        John Peng v The State [1982] PNGLR 331

23. Evidence—fresh evidence—change in circumstances between trial and hearing of Appeal—Evidence to be admitted only in exceptional cases—change in Medibank system falsifying assumptions as to future medical expenses.
        Kerr v Motor Vehicles Insurance (PNG) Trust [1979] PNGLR 251

24. Evidence—Additional evidence—Not "fresh evidence"—Power to allow—Where necessary or expedient in interests of justice—Separate head of power—Supreme Court Act, s8.
        Abiari v The State [1990] PNGLR 250

25. Fresh evidence—when allowed?
        Application by Lawi Hawinda [1992] PNGLR 306

26. Evidence—Fresh evidence—Powers on appeal—Where justice of case warrants—Additional supplemental powers—Supreme Court Act (Ch37), s6, s8.
        Mai Kuri v The State (No 2) [1991] PNGLR 311

27. Extension of time—application for—Relevant principles—Forfeiture of lease—Special reason—Discretionary power—Onus on applicant.
        Placer Holdings Pty Ltd and the Land Act [1982] PNGLR 326

28. Findings of Fact—functions of appellate court—General principles—Manner of re—evaluation of trial evidence.
        Rimbink Pato v Umbu Pupu [1986] PNGLR 310

29. Inferior courts—District court—Magistrates Report—Requirements of—Effect of delay in furnishing.
        Bougainville Copper Ltd and Masai Levif v Mathew Liu [1978] PNGLR 221

30. Inferior Courts—Substantial miscarriage of justice—Failure to follow procedure leading to lost chance of acquittal, fairly open—Failure to reject plea of guilty after hearing statement of facts.
        Donald Koimboti v Michael Bibi [1978] PNGLR 124

31. Inferior courts—District Courts—Traffic Offence—Order for Suspension of driver's licence expiring before hearing of appeal—Inability of court on appeal to make effective order in respect thereof.
        Maring Kataka v Peter Kuman [1977] PNGLR 358

32. Inferior courts—Local Courts—Jurisdiction—Papers variously entitled District Court, Local Court, children's Court.
        X v Y [1977] PNGLR34

33. Inferior Courts—Local courts—Appeal by way of rehearing—Fresh evidence—Principles to be applied in receiving fresh evidence.
        Kaspar Kumo v Raka Killiam [1976] PNGLR 149

34. Inferior courts—Local courts—Traffic offence—Order for suspension of driver's licence expiring before hearing of appeal—Inability of court on appeal to set aside order for suspension.
        Eastwood v Samar [1976] PNGLR 206

35. Inferior courts—Stealing offences—Accumulation of sentences—Offences during overlapping periods—Second sentence greater for lesser amount stolen—Second sentence excessive in circumstances.
        Goliath v Nemil [1976] PNGLR 522

36. Inferior Courts—Local Court—Action settled on terms agreed between parties—Terms of settlement not embodied in decision of court—Appeal incompetent.
        Wapoi Warave v Lahari Evera [1980] PNGLR 427

37. Inferior Courts—Local Courts—Error of law—What constitutes—Offensive behaviour—Corroboration.
        McCallum v Buibui [1975] PNGLR 439

38. Inferior courts—Local courts—Parties to appeal—Right of "Person aggrieved"—Magistrate not proper respondent.
        Briggs v Bart [1975] PNGLR 431

39. Inherent jurisdiction to review—Leave to appeal against sentence out of time—Principles applicable—constitution s155(2)(b).
        Avia Aihi v The State (No 2) [1982] PNGLR 44

40. Judicial review—Jurisdiction—Criminal proceedings—Review sought by Principal Legal Adviser—Ruling on demurrer before plea taken—No acquittal—No appeal procedures available—Important question of law—Review procedure available—Constitution, s155(2).
        SCR No 5 of 1987; Re Central Banking (Foreign Exchange and Gold Regulations) [1987] PNGLR 433

41. Judicial review—When available—Available only when other procedures exhausted—Constitution, s155(20(b).
        Mussau Timber Development Pty Ltd v The State [1987] PNGLR 221

42. Land Titles Commission—Decision appealed from—Reasons for judgment—Method of giving—Wrong in law—Against weight of evidence.
        Re Fisherman's Island [1979] PNGLR 202

43. Leave to appeal—out of time—New ground of appeal—Twelve months since conviction—proposed ground always available—Adequate reason for—Leave to be shown.
        Birch v The State [1979] PNGLR 75

44. Leave to appeal—When required—Interlocutory judgment—Striking out defences and counter claim—Not final judgment—Leave to appeal required.
        Shelley v PNG Aviation Services Pty Ltd [1979] PNGLR 119

45. Leave to appeal—From discretionary interlocutory ruling—From leave to adduce fresh evidence—Care in granting.
        Straits Contracting (PNG) Pty Ltd v Branfill Investments Ltd [1988] PNGLR 239

46. Liquor Licensing commission—Appeal to National court from grant of publican's licence Nature of Appeal—Procedure on Appeal.
        Evangelical Lutheran church of New Guinea v Peninsula Hotels P/L [1977] PNGLR 147

47. Leave of the Court required on a question of fact—Duty of the appellant—Court to consider nature of the grounds—Supreme Court Act (Ch37) s4(2)—Supreme Court Rules O77 r1, r2.
        Auhari v Tasam [1992] PNGLR 303

48. Miscarriage of justice—Ground of rejection of inadmissible evidence—No objection of counsel—A relevant consideration—Ultimate test substantial miscarriage of justice.
        Awoda v The State [1984] PNGLR 165

49. National Court—No right of appeal—Purported appeal from award in industrial tribunal—No alternative relief sought—Whether any remedy available.
        Henao Batari v Employer's Federation of Papua New Guinea [1979] PNGLR 92

50. National Court—Offence of criminal nature under Industrial Relations Act (Ch174) s63—Finding of not guilty by District Court—Whether defendant entitled to plea of autrefois acquit on appeal.
        Keke v PNG Colour Laboratories Pty Ltd [1992] PNGLR 265

51. New New trial—When retrial should be ordered—Relevant factors—Appeal from District Court.
        Oscar Tugein v Michael Gotaha [1984] PNGLR 137

52. Out of time—Infant appellant—Right of appeal not "action" within s23 and s24 of Statute of Frauds and Limitations Act 1951.
        Kimini Pilang v Piam Konet [1976] PNGLR 487

53. Ownership of customary land—Appeal from primary judge's order confirming decision of Land Titles Commission—Whether evidence insufficient to justify original finding—Test to be applied by Supreme Court.
        Dickson v Orere and Igeauri (re Goilanai No2) [1976] PNGLR 120

54. Practice and procedure—Appeal from District Court—Incorrect cause of action pleaded in District Court—Powers of National Court—District Courts Act (Ch40), s133(1), s137.
        Niugini Lloyds International Bank Ltd v Sakora [1987] PNGLR 275

55. Practice and procedure—Appeal to National Court—Appeal from District Court—Recognisance to prosecute appeal—No power to waive—Failure to lodge invalidates appeal—District Courts Act.
        Kiau Nikints v Moki Rumints [1990] PNGLR 123

56. Practice and procedure—Dismissal for want of prosecution—Failure to prosecute with ''due diligence"—Relevance of finality of proceedings—Failure to make explanation—Discretionary considerations—Supreme Court Rules, r53.
        General Accident Fire & Life Assurance Corporation. Ltd v Ilimo Farm P/L [1990] PNGLR 331

57. Practice and procedure—Leave to add ground of appeal—Leave sought during address in reply—Fresh point of law—Grounds for allowing argument.
        Van Der Kreek v Van Der Kreek [1979] PNGLR 185

58. Practice and procedure—Leave to add ground of appeal—Out of time—Leave in exceptional circumstances only.
        Rolf Schubert v The State [1979] PNGLR 66

59. Practice and procedure—Leave to add ground of appeal—Out of time—Exceptional circumstances required—Prisoner appeal—Appeal against sentence—Delay in obtaining legal representation—Notice of ground not objected to by prosecutor—Leave to appeal against conviction granted.
        Dinge Damane v The State [1991] PNGLR 244

60. Practice and procedure—Leave to appeal—On questions of fact—Formal request to be made on all questions of fact—Grounds of appeal including questions of fact—No request for leave made—discretionary power to amend notice of appeal.
        Opai Kunangel v The State [1985] PNGLR 144

61. Practice and procedure—National Court—Striking out for want of prosecution—Satisfactory explanation for delay—Failure to obtain legible copy of proceedings under appeal.
        Credit Corporation (PNG) Pty Ltd v Tabua [1990] PNGLR 166

62. Practice and procedure—Notice of objection to competency—Application for Leave to file out of time—No power to extend time.
        The State v Kubor Earthmoving (PNG) P/L [1985] PNGLR 448

63. Practice and procedure—Nature of appeal—Appeal from District Court exercising discretionary power.
        Government of Papua New Guinea and Davis v Barker [1977] PNGLR 386

64. Practice—Negligence—Apportionment of responsibility—Variation on appeal—Variation only in rare and exceptional cases.
        Lewis v The Independent State of Papua New Guinea [1980] PNGLR 219

65. Practice—Striking out for want of prosecution—No cross appeal—Inherent jurisdiction to strike out where undue delay.
        Ulo v Acting Public Prosecutor [1981] PNGLR 148

66. Practice—Striking out for want of prosecution—Undue delay in prosecuting appeal—Relevant considerations.
        Arthur Ageva v Bobby Gaigo [1987] PNGLR 12

67. Practice—Supreme Court—Striking out for want of prosecution—Failure to set down—Power discretionary.
        Burns Philp (New Guinea) Ltd v Maxine George [1983] PNGLR 55

68. Right of appeal—From consent orders—No appeal where orders made by consent of the "parties"—"Parties" limited to parties to proceedings—Right of appeal of any "person"—"Person" includes any person affected who might have been joined—Applicant for judicial review of consent orders to which not a party is person with right of appeal—Supreme Court (Ch37), s14(2), s17.
        SCR No 3 of 1989; Kitogara Holdings Pty Ltd v NCDIC [1988-89] PNGLR

69. Retrial—When appropriate—Appeal against sentence—Traffic conviction—Serious offence—Notes of sentencing magistrate inadequate—Retrial ordered.
        Benson Bareto v Donatus Kilimito [1990] PNGLR 125

70. Ruling by National court during proceedings—Whether ruling "interlocutory Judgment"—Whether appellable to Supreme Court.
        In Re Moresby North East Election Petition [1977] PNGLR 429

71. Sup Supreme Court—appeal from National court confirming order of District Court Magistrate—power to exercise jurisdiction of District Court.
        Mariboi Rubber Ltd v Imiam Yago [1976] PNGLR 158

72. Sup Supreme Court (Full Court) Act 1968—No grant of leave—Appeal limited to questions of law and mixed fact and law.
        Dillingham Corporation of New Guinea Pty Ltd v Diaz [1975] PNGLR 262

73. Time for lodging—Extension of time for lodging—Extension applied for outside time limited—court has discretionary power to grant—Land Act 1962, s121(2).
        Placer Holdings Pty Ltd v The State [1982] PNGLR 16

74. Time for lodging appeal—Extension of time for lodging appeal—Forfeiture of a Government lease under s54 of the Land Act 1963.
        In Re Proposed Appeal of Constantinou [1977] PNGLR 1

75. Wrongly admitted hearsay evidence—Test to be applied whether reasonably probable that hearsay evidence influenced the decision.
        Maring Kataka v Peter Kuman [1977] PNGLR 358

76. Right of Appeal to the National Court by the State against sentence—District Courts Act (Ch40), s132, s219.
        Pawut v Bee [1996] PNGLR 26

77. Appeal against sentence—Mandatory provisions for forfeiture of foreign boats—Sentencing principles for fisheries offenders—Fisheries Act 1994, s67(2).
        Pawut v Bee [1996] PNGLR 26

78. Practice and procedure—Dismissal for want of prosecution—Failure to prosecute appeal with due diligence—Failure to make explanation for delay—Supreme Court Rules, O7 r53.
        The Public Prosecutor v Marai [1996] PNGLR 81

79. District Courts Act (Ch40), s219—Right of the State to appeal to National Court against the dismissal of an information—Matter of "such public importance".
        Ada v Beau [1996] PNGLR 172

80. Practice and procedure—District Courts Act (Ch40), s231—Clerk of District Court failing to send Notice of Appeal to National Court—Ex parte Application to dispense with conditions.
        Pupu v Mara [1996] PNGLR 226

81. Conviction—Sentence—Appellant appealed against conviction on 1 count of rape and sentence of 14 years—Appeal in vague terms.
        Meaoa v The State [1996] PNGLR 280

82. Out of time—Appellant in person—Court proceeded as a judicial review under Constitution, s155(2).
        Kapau v The State [1996] PNGLR 96

83. Disparity of sentence—Sentence of grievance—Co-defendants.
        Uramani v The State [1996] PNGLR 287

84. Evidence Act (Ch48), s35(3)—Power of court to call deponents to give evidence on oath—Conflicting affidavits.
        Pulube v Wapia [1996] PNGLR 293

85. Application to grant leave to amend notice of appeal—Ground of special circumstances—Death penalty and rape.
        Ombusu v The State [1996] PNGLR 335

86. Objection to competency—Quaere whether Supreme Court appeal—Appeal to Supreme Court—Failure to file within time limited—Act applies—Supreme Court Act, s14, s17, s22 and s29.
        Balakau v Ombudsman Commission of PNG [1996] PNGLR 346

Arbitration

1. Submission to arbitration—Under contract—Time within which notice to be given—Strict compliance with—Settlement negotiations—Referral not notified in time—Whether equitable estoppel.
        Thiess Watkins (PNG) Ltd v PNG Electricity Commission [1988-89] PNGLR 454

Assignment

1. Debt or thing action—Effect of assignment—Equitable assignment only till notice given—Effect of failure to give notice—Proceedings to recover debt—Non—joiner of assignee at time of assignment—Subsequent notice effective to transfer legal interest in debt—Proceedings rendered nugatory—Mercantile Act 1953 s7.
        Taylor's Refrigeration Pty Ltd v Brian Wyborn [1981] PNGLR 460

Bailment

1. Bailment for reward—Warehousing—Loss or damage—Negligence—Onus of proof.
        Rabtrad Niugini Pty Ltd v Abco Pty Ltd [1990] PNGLR 155

2. Duties and liabilities—Negligence—Res ipsa loquitur—Not applicable where multiple defendants.
        Rabaul Stevedores Pty v Benedict [1984] PNGLR 248

Banks and Banking

1. Offences—Foreign exchange control—Validity of Regulations—Offence of sending foreign currency out of country—Regulation within power—Central Banking Act (Ch138) s61, s70—Central Banking (Foreign Exchange and Gold) Regulations, reg33.
        SCR No 5 of 1987; Re Central Banking (Foreign Exchange and Gold) Regulations  [1987] PNGLR 433

Building and Engineering

1. Construction of—Security to be provided—Security deposit given by third party—Not under seal—No consideration given by constructing authority—Whether guarantee or unconditional promise to pay—Deposit not recoverable.
        National Housing Commission v Queensland Insurance (PNG) Ltd [1988-89] PNGLR 474

2. Construction and effect—Performance bond—Release on certificate of substantial completion—Release obligatory.
        Kumul Builders Pty Ltd v Post and Telecommunication Corporation [1991] PNGLR 299

3. Construction and interpretation—Decisions on disputes—Arbitration clause—pre—conditions to be exhausted before arbitration clause invoked.
        Theiss Watkins (PNG) Ltd v Papua New Guinea Electricity Commission [1991] PNGLR 316

By Laws and Regulations

1. Making of—Effect of declaratory resolution—Power to make regulations prescribing community government elections—Power to prescribe manner of conduct of elections—Resolution declaring local government regulations be adopted—Resolution ineffective to make regulation—Community Government Act 1982 (Manus Province), s22, s82.
        Kisokau Pochapon v Pombuma Community Government [1987] PNGLR 84

2. Validity—Power of court to determine validity—By—laws having the force of law—Whether ultra vires enabling legislation—Construction—Obscene language by use of telephone.
        Kuya Kehi v Kelu Theodore [1978] PNGLR 217

3. Validity of the regulations—Whether prohibitory power included—Radio Communications Act.
        NTN Pty Ltd v The State [1986] PNGLR 167

4. Validity—Power to make regulations as specifically prescribed and as necessary or convenient to give effect to Act—Regulation within specific proscription not ultra vires—Central Banking Act (Ch138), s61, s70—Central Banking (Foreign Exchange and Gold) Regulations, reg33.
        SCR No 5 of 1987; Re Central Banking (Foreign Exchange and Gold) Regulations [1987] PNGLR 433

Carriers

1. Carriage of goods—Bill of lading—Exemption clause—Exemption extending to servants agents and sub contractors—Stevedores performing services of contract of carriage protected.
        Rabaul Stevedores Ltd v Benedict [1984] PNGLR 248

Civil Aviation

1. National Airline Commission—Termination of appointment of General Manager—Termination by Minister on grounds of "inefficiency"—Natural justice—"Audi alteram partem" rule—Right to be heard—National Airline Commission Act 1973 s23(2a).
        Iambakey Okuk v Fallscheer [1980] PNGLR 101

2. National Airline Commission—Termination of appointment of General Manager—Termination by Minister on grounds of "inefficiency"—Natural justice—"Audi alteram partem" rule—Right to be heard—National Airline Commission Act 1973 s23(2a).
        Iambakey Okuk v Fallscheer [1980] PNGLR 274

3. Regulations of air navigation—Licensing of Aerodromes—Safety requirements and standards—Powers of Director of Civil Aviation—Effect of standard and recommendations of the Chicago Convention—Effect of ratification.
        Papua New Guinea Air Pilots Association v Director of Civil Aviation [1983] PNGLR 1

4. Regulation of air navigation—Pilots licence—delegation of power—power to refused grant of air pilot's licence—Appeal against refusal—jurisdiction of National Court—ground that vision defect did not meet vision standards—standards applicable.
        Costello v Control of Civil Aviation (No. 1) [1977] PNGLR 229

5. Regulation of air navigation—Pilots licence—delegation of power—power to refused grant of air pilot's licence—Appeal against refusal—jurisdiction of National Court—ground that vision defect did not meet vision standards—standards applicable.
        Costello v (No. 2) [1977] PNGLR 476

Clubs and Voluntary Organisations

1. Exclusion and suspension—Exercise of powers—Under rules of club—Rules of National Justice apply to hearing—Where fair hearing—Suspension etc to club and not court.
        Vanderlist v Mount Hagen Golf Club [1990] PNGLR 315

Companies

1. Arrangements etc. with creditors—Stay of proceedings against company sought—No proceedings commenced—Practice of seeking blanket orders disapproved.
        Re New Guinea Islands Produce Co Ltd [1980] PNGLR 304

2. Directors—Disqualification—Convicted person—Leave of court to be director—matters for consideration—Onus on applicant—Policy of legislation—Provincial Premier—Re-election following conviction—Directorship of statutory corporation—leave granted—Companies Act s142.
        Application of Tindiwi [1990] PNGLR 359

3. Directors—Liability of—Whether could be properly added as defendant in passing off suit—Lifting the corporate veil.
        CBS Inc v Ranu Investments Pty Ltd [1978] PNGLR 66

4. Liquidators—Removal of—Relevant considerations—Residence within jurisdiction—Need for personal conduct of winding up—Need to avoid conflict of interest—Reversable of decision by court—Principles applicable—Onus of on applicant.
        In Re Papua New Guinea Block Company Pty Ltd [1982] PNGLR 28

5. Receivers—Rights of—Subsequent winding up—Right to maintain existing litigation—Proceedings to recover assets under security appointing receiver.
        Bishop Shipping Services Pty Ltd v The MV Pedro No 2 [1980] PNGLR 263

6. Receivers and managers—appointment of—Grounds for—Dispute as to ownership/control—Property of company in jeopardy—Landowner development company—Clan ownership—timber resource activities—Bona fide dispute on control—Injunction restraining logging—Timber and rights jeopardised—Receiver—manager appointed.
        Velegamus v Aisoli; Application of Muntadi [1988-89] PNGLR 63

7. Receivers—Duties of—Appointment under company mortgage—mortgage debt guaranteed—Realisation of assets to satisfy debt—Receiver's duties to mortgagee, company and guarantors.
        Westpac Bank (PNG) Ltd v Henderson [1990] PNGLR 112

8. Returns—Offences—Failure to lodge annual return—No annual general meeting held.
        Secretary for Law v New Guinea Development Corporation Ltd [1975] PNGLR 179

9. Rule of indoor management—The rule in Turquand's Case discussed—Construction notice discussed—Company law—Agency—Ostensible authority—Director's duties—Companies Act (Ch146), s18, s36, s37, s38, s131, s138 and s139.
        AGC (Pacific) Ltd v Woo International Pty Ltd [1992] PNGLR 100

10. Service of documents on—Service of process—Sufficiency of—Service by post—Service at registered address—Registered address post office box—Box number ceasing to be registered address—No evidence of notice of non—delivery—Service good—Companies Act s394(1).
        Chief Collector of Taxes v Dickson Panel Works Pty Ltd [1988] PNGLR 186

11. Shareholders—Register of members—Rectification of—Practice—Parties—Shares issued for unlawful and improper purpose—Directors appropriate defendants.
        North Solomons Provincial Government v Bougainville Development Corporation Ltd [1988] PNGLR 247

12. Shareholders—Register of members—Rectification of—Shares issued for unlawful and improper purpose—Interlocutory injunction to restrain processing of allotment—Allottees of shares not essential parties—Relief appropriate where prima facie case established.
        North Solomons Provincial Government v Bougainville Development Corporation Ltd [1988] PNGLR 247

13. Summons for direction by liquidator—Question of concluded contract for sale of assets of the company in liquidation—Application of principles—Use of phrase "subject to contract".
        Re Pacific Rim Corp Holdings Pty Ltd [1992] PNGLR 491

14. Winding up—conduct and incidents of liquidation—Proceedings against company—Leave to proceed—Counterclaim against company before winding up.
        Bishop Shipping Services Pty Ltd v The MV "Pedro" [1980] PNGLR 247

15. Winding up—Disclaimer of "unprofitable contract"—Procedures on—Two contracts for sale of shares—Whether in best interests of creditors—Companies Act (Ch??), s314.
        Re Companies Act and Kawa Pty Ltd (In liquidation?) [1990] PNGLR 523

16. Winding up—Preferential payments—Salary and wages—Damages for wrongful dismissal not included.
        David Gopalan v Unit Transport Pty Ltd [1986] PNGLR 101

17. Rectification of Register—Proper basis—Delay—Companies Act (Ch146), s163(1).
        Tan v Pelton Investments Pty Ltd [1996] PNGLR 34

Conflict of Laws

1. Internal—Test of applicable law.
        Bafino v Tibiro [1992] PNGLR 168

2. Organic Law on Provincial Government—Concurrent legislative powers of provincial legislatures—Consistency with Act of the National Parliament—Exhaustive laws—Laws in the national interest—Non—justiciability—Inconsistency between the Forestry Operations Control Act 1992 (East New Britain) and the National Forestry Act 1991.
        SC Reference No 7 of 1992; Re Forestry Act, 1992 [1992] PNGLR 514

Constitutional Law

1. Amendment of Constitution—Validity of amendment—Manner and form requirements—Special rights of citizens—Right to vote and stand for elections—Regulation thereof—Forfeiture of nomination deposit—Whether regulation "reasonably justifiable."
        SC Ref No 1 of 1992; Special reference pursuant to Constitution, s19 [1992] PNGLR 73

2. Application of s155(4) of the Constitution.
        USA v WR Carpenters Pty Ltd [1992] PNGLR 185

3. Basic rights—Protection of the law—Offences—rights to have charge proved—Traffic infringement summons—Acts requiring court to record plea of guilty or non—appearance.
        SCR No 1A of 1981 [1982] PNGLR 122

4. Basic Rights—Infringement of personal liberty—Whether applies to person in custody pending trial—Constitution.
        The State v Wik Kor [1983] PNGLR 24

5. Basic rights—Protection and enforcement of—Harsh and oppressive act—Eviction of trespassers.
        John Jivetuo v The State [1984] PNGLR 174

6. Basic rights—Criminal legislation—Minimum penalties—provisions—validity.
        SCR No 1 of 1984; Re Minimum penalties Legislation [1984] PNGLR 314

7. Basic rights—Breach of—Administration of prisoners—Transfer of "offenders"—To area away from that in which relatives reside—Directive relating to all "convicted female prisoners"—"Offenders" includes detainees on remand.
        Anna Komides v Leo Kuabaal (Commissioner of Correctional Services) [1985] PNGLR 212

8. Basic rights—Enforceability—"Right or Freedom"—Proscribed acts Enforceability.
        SCR No 5 of 1985; Joseph Lemuel Raz v Paulius Matane [1985] PNGLR 329

9. Basic rights—Enforcement proceedings under Constitution—"Deprivation of liberty"—Mere restriction on freedom of movement not included—Confinement of border crossers not included.
        SC Application No 1 of 1985, Application by Tom Ireeuw [1985] PNGLR 430

10. Basic rights—Enforcement proceedings under constitution—Practice and procedure on.
        Ume More v Papua New Guinea University [1985] PNGLR 401

11. Basic rights—Enforcement proceedings under Constitution—Provisions confirming rights and freedom distinguished from interpretative provisions.
        SC No 1 of 1985—Application by Tom Ireeuw [1985] PNGLR 430

12. Basic rights—Protection and enforcement—Powers of court—Court may act on own initiative—University students—Disruption to lectures—Restricting entry—Students banned from University and ordered to home provinces.
        Papua New Guinea University v Ume More [1985] PNGLR 48

13. Basic Rights—"The right to the full protection of the law."
        The State v Mana Turi [1986] PNGLR 221

14. Basic rights—Qualified rights—General qualification on—Right to freedom of person—Right to freedom of movement—Whether qualifications are necessary for public order or public welfare—Whether reasonably justifiable in democratic society—Onus of proof—Constitution, s38, s42, s52—Vagrancy Act (Ch268).
        SCR No 1 of 1986; Re Vagrancy Act (Ch268) [1988] PNGLR 1

15. Basic rights—Qualified rights—Proscribed acts—"harsh and oppressive acts"—Whether constitutional protection applicable to mortgagee's power of sale—Land Registration Act (Ch191)—Constitution, s41.
        Rose Tarere v Australia and New Zealand Banking Group (PNG) Ltd [1988] PNGLR 201

16. Basic rights—Fundamental rights—Protection of the law—Proceedings for civil contempt—Contemnor has same constitutional rights as person charged with an offence—Constitution, s37.
        Bishop v Bishop Bros Engineering P/L [1988-89] PNGLR 533

17. Basic rights—Protection of the law—Fair trial—innocent until "proved guilty according to law"—Evidence relevant to—Admission of before court—Constitution, s37.
        The State v Misari Warun [1988-89] PNGLR 327

18. Basic rights—Protection of Law—Criminal law—Right to be proved guilty—Plea of guilty—Depositions read—Plea of not guilty entered by court—Failure to enter plea of not guilty may be denial of constitutional rights—Constitution s37.
        The State v Sari [1990] PNGLR 48

19. Basic rights—Protection of the law—"Presumption of innocence"—Until proved guilty "according to law"—Means whole body of law defined in s9—Constitution, s9, s37(4)(a).
        SCR No 2 of 1990; Re Constitution s37(4)(a) and s327, s333 of the Income Tax Act 1959 [1991] PNGLR 211

20. Breach of fundamental right or freedom—Remedy—Nature of—When available.
        John Alex v Martin Golu [1983] PNGLR 117

21. Breach of fundamental right or freedom—Evidence obtained following breach of.
        The State v Kevin Evertius [1985] PNGLR 109

22. Challenge to Constitutional Reference pursuant to s18(2) Constitution—References must arise out of determined facts—Whether pleadings "disclose" determined facts—Powers of National and Supreme Court to protect and and enforce Constitutional rights and freedoms.
        Lowa v Akipa [1992] PNGLR 399

23. Conflict of laws—Organic Law on Provincial Government—Concurrent legislative powers of provincial legislatures—Consistency with Act of the National Parliament—Exhaustive laws—laws in the national interest—Non—justiciability—Inconsistency between the Forestry Operations Control Act 1992 (East New Britain) and the national Forestry Act 1991.
        SC Reference No 7 of 1992; Re Forestry Act, 1992 [1992] PNGLR 514

24. Constitution—Adoption of Pre-Independence Laws—Admiralty Law—Colonel Courts of Admiralty Act—development of underlying law.
        The Ship 'Federal Huron' v Ok Tedi [1986] PNGLR 5

25. Constitution—Alterations to—Requirements to be met—Division by prescribed majority.
        SCR No 3 of 1984—Re Constitutional Alterations [1984] PNGLR 374

26. Constitution—Construction—Protection of law—Provision for hearing of offence in absence of accused.
        Peter v South Pacific Brewery Ltd [1976] PNGLR 537

27. Constitution—Construction—Whether self—executing under Constitution s11(2)—Independent Tribunal established under Organic Law—Power to dismiss Minister for misconduct in office—Subsequent recommendation to the Head of State for dismissal—Validity of.
        The State v Independent Tribunal—Ex Parte—Sasakila [1976] PNGLR 491

28. Constitution—Construction—Onus of proof in criminal matters—Facts peculiarly within knowledge of accused.
        SCR No 2 of 1980 [1981] PNGLR 50

29. Constitution—Construction—Presumption of innocence—"Particular facts particularly within his knowledge"—Participation in inter-group fighting—Burden of proof on accused—Inter-group Fighting Act.
        Constitutional Reference 3 of 1978 (Re Inter-group Fighting Act 1977) [1978] PNGLR 421

30. Constitution—application of Sch2.3 where no clear rule of law applicable.
        The State v Misimb Kais [1978] PNGLR 241

31. Constitution—Corrective Institution offences—Right of appeal—Statutory provision denying right of appeal invalid.
        Constitutional Reference No 2 of 1978 (Re Corrective Institutions Act 1957) [1978] PNGLR 404

32. Constitution—Ombudsman—Public Solicitor—Employees of whether in State Service—Power to investigate conduct of Public Solicitor outside Leadership Code.
        Constitutional Reference No 1 of 1978 [1978] PNGLR 345

33. Constitution—Civil Rights—What constitutes—Revocation of aliens entry permit—not harsh unconscionable or unwarranted by circumstances—Section prohibiting appeal.
        Premdas v The State [1979] PNGLR 329

34. Constitution—Protection of basic rights—Right to legal aid on appeal against conviction.
        Mathias Peter Joseph Evertz v The State [1979] PNGLR 174

35. Constitution—Reception of common law—Rape—Consent—Fresh complaint as evidence of non consent.
        Birch v The State [1979] PNGLR 75

36. Constitution—Rule of law in democracy—Separation of powers—Independence of the judiciary—Meaning of "directions" in respect on the exercise of judicial powers or functions.
        Public Prosecutor v Nahau Rooney (No 2) [1979] PNGLR 448

37. Constitution—Onus of proof in criminal matters—Presumption of innocence—Facts peculiarly within knowledge of accused—Persuasive burden on accused.
        SCR No 1 of 1980 [1981] PNGLR 28

38. Constitution—Right of appeal against sentence—Loss of right under Supreme Court Act.
        Avia Aihi v The State [1981] PNGLR 81

39. Constitutional interpretation—Sch1.5—Faire and liberal meaning—The purposive and expansive approach—National Goals and Directives Principles as aid—Constitution, s25.
        SC Reference No 2 of 1992 [1992] PNGLR 336

40. Constitution—Interpretation and application of—When must be referred to Supreme Court.
        SCR No 5 of 1985—Joseph Lemuel Rax v Paulius Matane [1985] PNGLR 329

41. Constitution—Parliamentary resolutions—Validity of—Act of Parliament—Validity of—Defence forces—Committal of troops overseas—"International obligation".
        SCR No 4 of 1980 (No 2) [1982] PNGLR 65

42. Constitution—Special Reference under s19—What constitutes.
        SCR 6 No 2 of 1981 Re s19 [1981] PNGLR 518

43. Constitutional reference—"When" any questions of interpretation or application of any constitutional law arises—Findings of fact to be made by court or tribunal referring question.
        SCR No 3 of 1982 [1982] PNGLR 405

44. Constitutional References—Evidence—Matters of common knowledge—Judicial notice of—Presentation of in open court. Onus of proof on.
        SCR No 2 of 1982 [1982] PNGLR 214

45. Constitutional reference—Interpretation or application of a constitutional law—Principles of natural justice.
        SCR Nos 12 and 12A of 1984—Re Joe Paraka v The State [1985] PNGLR 224

46. Constitution of the—Reference under s19—What constitutes—Relating to "a Constitutional Law"—Only applies to National constitution—Provincial Government constitutions not "Constitutional Law"—Reference incompetent—Constitution, s12, s13, s19, Sch1.2—Constitution of the Niu Ailan Province—Organic Law on Provincial Government (Ch1).
        SCR No 2 of 1987; Re Seeto [1987] PNGLR 31

47. Constitutional reference—Interpretation or application of constitutional Law—obligation to refer—committing magistrate not exempt—Relevant considerations—Constitution, s18.
        Tohian v Geita [1990] PNGLR 353/ 479

48. Constitutional reference—Practice and procedure—No cause of action based on—Pre—conditions—Matter properly before court or tribunal—Factual basis giving rise to—Constitution, s18(2).
        Patterson Lowa v Wapula Akipe [1991] PNGLR 265

49. Constitutional reference—When Supreme Court performs role of tribunal of fact, law or both—Constitution s18 and s19.
        SC Ref No 1 of 1992; Special reference pursuant to Constitution, s19 [1992] PNGLR 73

50. Constitutional reference Sch2.3—Law of enticement—Whether exists in Papua New Guinea.
        Constitutional Reference No 1 of 1977 (Sch2.3) [1978] PNGLR 295

51. Constitution—Taxing powers—Strict construction—Necessity for clear and unambiguous language.
        Norah Mairi v Alkan Tololo (No 2) [1976] PNGLR 125

52. Constitution—National Goals and Directive Principles—Equality and participation—In respect of marriage relationship—Whether settlement of marital disputes by village courts contrary to natural justice—Constitution, s42(5); preamble, cl2(12).
        Re Kaka Ruk [1991] PNGLR 105

53. Constitutional rights—Right to personal liberty—Rights of person arrested or detained—Right to contact lawyer of choice—Expression of desire to exercise rights—unsuccessful attempt to contact lawyer "after hours'—Failure to suspend record of interview—Whether all practicable steps taken—Constitution, s42.
        The State v Anis [1990] PNGLR 239

54. Constitution of the Independent State of Papua New Guinea—Interpretation—Suspension of provincial government—Re-establishment of provincial government—Requirement to "hold fresh elections and make fresh appointments (if necessary)"—Effect of re-establishment of provincial government—Constitution, s187E(1), s187E(4), s187F.
        SCR No 3 of 1986; Ref by Simbu Provincial Executive [1987] PNGLR 151

55. Constitutional rights—Right to personal liberty—Application of rights to person "arrested" or detained"—Person "arrested" to be permitted to exercise rights genuinely and without hindrance—Constitution, s42.
        SCR No 5 of 1987; The State v Songke Mai [1988] PNGLR 56

56. Constitutional duties—Enforcement of—State duty adequately to resource constitutional offices—Reduction of National Court budget—Reduction by administrative fiat—Cancellation of criminal circuit—Unreasonable delays in being brought to trial—Breach of constitutional duty—orders to maintain status quo prior to reduction—Constitution.
        Re operation of National Court in the Eastern Highlands & Simbu Provinces [1990] PNGLR 82

57. Constitutional duties—Enforcement of—State duty adequately to resource constitutional offices—Public Prosecutor—Public Solicitor—Denial of accommodation on circuit—Order for payment of accounts—Constitution s22.
        Re Conduct of the National Court Circuit [1988-89] PNGLR 4

58. Constitutional rights—Right to stand for public office—Protection of Constitution s501(1)(d), s57.
        Dihun v Returning Officer for Moresby South Electorate [1992] PNGLR 377

59. Construction of the constitution—Taxing powers—Strict construction.
        James Saleng Mileng v Alkan Tololo [1976] PNGLR 447

60. Construction of written laws—To be construed so as not to exceed the authority to make them—Lawyers Act 1986—Compulsory requirement to join Law Society unconstitutional—Construction of voluntary requirement not exceeding power—Lawyers Act 1986, s9—Constitution s10.
        Application of Karingu [1988-89] PNGLR 276

61. Custom—Recognition of—Repugnancy to general principles of humanity—Custom of mutilating adulterers not to be recognised.
        Public Prosecutor v Sidney Kerua [1985] PNGLR 85

62. Custom—Recognition of—Repugnancy to general principles of humanity—Custom of payback not be recognised.
        Public Prosecutor v Apava Keru [1985] PNGLR 78

63. Customary law—Rules of international law—Adoption of—Rules of non-refoulement of refugees.
        SCA No 1 of 1985—Application by Tom Ireeuw [1985] PNGLR 430

64. Election—Provincial Assembly—Allowing persons appearing ineligible to vote without reference to Voters Review Tribunal—Consequences of not establishing Voter Review Tribunals at each polling place in the Marakawa Constituency.
        Yarekei v Electoral Commission [1992] PNGLR 223

65. Fundamental rights—Protection and enforcement—Harsh and oppressive act—Refusal to make preferential payment under Companies Act.
        David Gopalan v Unit Transport Pty Ltd [1986] PNGLR 101

66. Fundamental rights—Protection and enforcement of—harsh and oppressive act—Decision of Land Titles Commission—Decision not harsh and oppressive—Constitution, s41.
        Independent State of Papua New Guinea v Lohia Sisia [1987] PNGLR 102

67. Fundamental rights—Enforcement of—by reduction in sentences—Where allegations of police brutality pending trial—Ad hoc rules formulated—Criminal Code, s593—Constitution.
        The State v Bafe Quati [1990] PNGLR 57

68. Freedom of expression—Law regulating or restricting—Compliance with manner and form requirements—Regulating broadcasting service—Licence to broadcast granted under Radio Telecommunication Act—Effect of subsequent statute prohibiting television broadcast—Statute impacting on freedom of expression—Constitutional requirement for validity of legislation.
        The State v NTN Pty Ltd and NBN Ltd [1992] PNGLR 1

69. Fundamental right—Right to property—Meaning of compulsory acquisition within s53 of Constitution.
        SCR 1 of 1992; Peter Dickson Donigi v Base Resources Ltd [1992] PNGLR 110

70. Fundamental rights—Liberty of person—Protection of law—Imprisonment by Village Courts—Offence of non—payment of compensation or damages—Powers of imprisonment not in breach of constitutional rights—Village Courts Act s21—Constitution s37.
        SCR No 2 of 1989; Re Village Courts Act [1988-89] PNGLR 491

71. Guaranteed rights and freedoms—Protection and enforcement of—Court has inherent power to exercise at any time—Freedom from search and right to privacy—Evidence obtained in breach of Search Act—Evidence rejected—Constitution, s57.
        The State v James Bero Popo [1987] PNGLR 216

72. Guaranteed rights and freedoms—Enforcement of—By Court "on its own initiative"—No prescribed procedure for—Irregularities noted on prison inspection as Visiting Justice—Order for State to show cause—Reasonable time to comply—Constitution, s57(1).
        Re Conditions at Buimo Corrective Institution [1988-89] PNGLR 266

73. Head of State—Immunity from judicial review of acts.
        Kila Wari v Gabriel Ramoi [1986] PNGLR 112

74. Judicial powers—National court—Powers of disposition—Charge proved—No power to dismiss without proceeding to conviction.
        SCR No 2 of 1981 [1982] PNGLR 150

75. Judicial powers—National court—Sentencing powers—Deduction of time spent in custody awaiting trial—No power where minimum penalty applied.
        The State v Mathew Peters [1984] PNGLR 387

76. Law Officers of the State—The Public Prosecutor—Independence of—Not subject to direction or control except as provided by Constitution—may be directed by Head of State on advise—No statutory provisions "regulation" of—Regulation not including prohibition—Criminal Code—Constitution.
        SCR No 1 of 1989; The State v Patrick Saul [1988-89] PNGLR 337

77. Law officers of the State—Administration of justice—Public Solicitor—Public Solicitor's Office—Whether part of National Government—Whether State liable for negligence of lawyers employed by—Constitution .
        Martha Limitopa v The State [1988-89] PNGLR 364

78. Law officer of State—Public Prosecutor—nature and powers of position—Constitution, s156, s177—Public Prosecutor (Office and Functions ) Act (Ch338), s4—Supreme Court Act (Ch37), s4, s21, s24, s25, s26.
        SCR No 5 of 1985; Application by Public Prosecutor [1987] PNGLR 216

79. Leadership Code—Misconduct in office—Person must be holder of an office.
        In Re Joseph Auna [1980] PNGLR 500

80. Leadership Code—Heads of Departments—Acting Heads.
        Constitutional Reference No 1 of 1978 [1978] PNGLR 46

81. Leadership Code—Misconduct in office—Particular offences—using office for personal benefit—"Corruptly" asking for benefit—Requires purposeful forbidden act tending to corruption—Allowing integrity to be called in question—Using office for personal gain—Attempt to use office not chargeable—Member of Parliament requesting K30,000 from foreigner to support logging operations—Constitution, s27(2) Organic Law on Duties and Responsibilities of Leadership.
        Re Gerard Sigulogo [1988-89] PNGLR 384

82. Leadership Code—Misconduct in office—Punishment—Member of Parliament—Request for 30,000 from foreigner to support logging operations—Dismissal from office recommended—Constitution s28—Leadership Code (Alternative Penalties) Act s2.
        Re Gerard Sigulogo [1988-89] PNGLR 384

83. Leadership Code—Breaches of—Investigation by Ombudsman Commission—Summons to furnish information and produce documents—Failure to attend "without reasonable excuse—What constitutes reasonable excuse—Organic Law on the Duties and Responsibilities of Leadership (Ch1), s21, s31.
        The State v Gabriel Ramoi [1990] PNGLR 133; 136

84. Leadership Code—Tribunal appointed to hear charges of breaches of Organic law—Member of Parliament—Automatic suspension from "duty"—Whether resignation from office effective—Jurisdiction of Tribunal ceases on resignation—Constitution, s104(2)(c)—Organic Law on the Duties and Responsibilities of Leadership, s28.
        SCR No 2 of 1982; Re Kunangel [1991] PNGLR 1

85. Leadership tribunal—Alleged delay in appointment—Reasons for delay—Whether insufficient to justify the Court's interference by way of writ—Use of Public Prosecutor's opinion that delay will put the integrity of Constitution and Leadership Code in jeopardy—Opinion pre—empts finding of misconduct—Opinion not relevant in circumstances of the case—Whether the peremptory nature of application is reasonable.
        Bona v Kidu [1992] PNGLR 316

86. Leadership Code—Failure to comply with Ombudsman Commission Directives—Sentence—Organic Law on duties and responsibilities of leadership.
        The State v Allan Ebu Marai [1992] PNGLR 53

87. Liberty of the person—Deprivation of to secure "contractual obligation"—Imprisonment for non—repayment of brideprice.
        Agua Bepi v Aiya Simon [1986] PNGLR 233

88. Leadership Code—Misconduct in office—Allowing "integrity" to be called in question—Diminishing respect for "integrity" of government—Whether actions dishonest—Receipt of rental allowance to which not entitled—Chairman of NBC—Guilt not established to reasonable satisfaction—Recommendations for repayment of monies received—Constitution, s27,—Organic Law on the Duties and Responsibilities of leadership s27.
        Re Kedea Uru [1988-89] PNGLR 226

89. Invalidating legislation—Qualifying qualified rights—Manner and form requirements—Constitution, s38 and s46—No general presumption of constitutionality—Onus on party relying on validity of legislation to show compliance with manner and form requirements.
        The State v NTN Pty Ltd and NBN Ltd [1992] PNGLR 1

90. Member of Parliament taking office pursuant to success at fresh elections having resigned from previous House when referred to Leadership Tribunal for alleged misconduct in office—Application to appoint Leadership Tribunal instanter—Whether mandamus will lie against appointing authority, the Chief Justice—Factual considerations to be taken into account when exercising discretion whether or not writ warranted—Comments generally on propriety of application.
        Bona v Kidu [1992] PNGLR 316

91. Military under civilian control—Control must be exercised according to law—Defence Act—Only Head of State acting on advice has power to appoint or dismiss a colonel—Dismissal may be as a result of disciplinary proceedings or under the Defence (Period of Service) Regulations, s18.
        Leo Nuia v Benias Sabumei and others [1992] PNGLR 90

92. National Goals and Directive Principles—Application of.
        SC Reference No 2 of 1992 [1992] PNGLR 336

93. Offence of criminal nature under Industrial Relations Act (Ch174), s63—Whether finding of not guilty by District Court entitles defendant to protection from further action—Constitution s37(10).
        Keke v PNG Colour Laboratories Pty Ltd [1992] PNGLR 265

94. Organic Law—Validity of—Provisional organic law.
        In Re Moresby North East Election Petition [1977] PNGLR 429

95. Organic laws—Validity—Amendment of—Validity of amendment.
        SCR No 2 of 1982 [1982] PNGLR 214

96. Organic laws—Validity—Construction—Supremacy of Constitutional laws—Organic law on the Ombudsman Commission s24.
        Ombudsman Commission v Donohoe [1985] PNGLR 348

97. Organic Laws—Construction—Ombudsman Commission unable to conduct investigation—Appointment of investigating authority—Power to refer prosecution matter to Public Prosecutor—Constitution, s22, s28(1)(f), s29 (1)—Organic Law on Duties and Responsibilities of Leadership (Ch1), s19(1), s19(2), s20(4).
        Chan v Investigating Authority into the Placer Pacific Limited Share Issue (Makena Geno and Justice Kubulan Los) [1988] PNGLR 43

98. Organic Law on the Duties and Responsibilities of Leadership—The Leadership Code—The purpose of.
        SC Reference No 2 of 1992 [1992] PNGLR 336

99. Organic Law on National Elections (Amendment No 1) Law 1991—Subject to compliance with Constitution—Validity of Constitutional Amendment—Candidate for election required to pay fee of K1,000—Constitution s50(1), s50(2) and s103(2).
        SC Ref No 1 of 1992; Special Reference pursuant to Constitution, s19 [1992] PNGLR 73

100. Parliament—Allegation of Member's misconduct in office—Reference to Leadership Tribunal—Avenue of resignation open to members—Nominated and re-elected in subsequent general elections—Eligibility to take up seats in new House—Doctrine of Separation of Powers apposite.
        Bona v Kidu [1992] PNGLR 316

101. Parliamentary elections—Nomination of candidate—Candidate dies after declaration of nominations and before the end of polling period—Organic Law on National Elections—s96(2) as amended—Death of candidate is not a ground for supplementary elections—Constitutionality—Right to vote s50—Whether s96(2) as amended is inconsistent with s50 of the Constitution.
        Application by Imoning et al; Finschhafen Open Electorate [1992] PNGLR 119

102. Powers of Supreme Court—Review of judicial acts of National Court—Principles applicable.
        Danny Sunu v The State [1984] PNGLR 305

103. Power to suspend Provincial Government—Principles of natural justice.
        Danley Tindiwi v John Nilkare [1984] PNGLR 191

104. Powers of Supreme Court—Review of judicial acts of National Court—Civil jurisdiction—Where notice of appeal not lodged in time—Principles applicable—Overall interests of justice—Merits fully presented and cogent—Leave granted—Supreme Court Act s17—Constitution s155.
        New Zealand Insurance Co Ltd v Chief Collector of Taxes [1988-89] PNGLR 522

105. Powers of Supreme Court—Review of judicial acts of National Court—Civil jurisdiction—Nature of—Principles applicable—Where failure by lawyer to lodge appeal within time—Supreme Court Act (Ch37), s17—Constitution, s155(2)(b).
        Independent State of Papua New Guinea v Colbert [1988] PNGLR 138

106. Practice and Procedure—Bail—complaint alleging unlawful detention pending deportation.
        Re Jacob Hendrich Prai [1979] PNGLR 42

107. Practice and Procedure—Denial of rights to "fair hearing within reasonable time"—Whether the National Court of Justice has jurisdiction.
        The State v Peter Painke (No 2) [1977] PNGLR 141

108. Practice and procedure—Petitions—Locus standing—Petition by Leader of Opposition in National Parliament—Petition disputing validity of Act of Parliament.
        Re Michael Thomas Somare MP and Sir Julius Chan [1980] PNGLR 255

109. Practice and procedure—Locus standi—Petition disputing validity of of Act of Parliament—Petition by Leader of Opposition.
        SCR No 4 of 1980—Re Petition of MT Somare [1981] PNGLR 265

110. Prerogative writ of mandamus—Whether mandamus lies to compel Chief Justice to set up Leadership Tribunal instanter.
        Bona v Kidu [1992] PNGLR 316

111. Protection of basic rights and freedoms—In National Court—Unjust deprivation of property.
        Ready Mixed Concrete Pty Ltd v State [1981] PNGLR 396

112. Protection of squatters on State land—Enforcement of constitutional right by extension of notice to quit—Constitution s41, s57.
        Bai v Morobe Provincial Government [1992] PNGLR 150

113. Provincial Governments—Inter—governmental dispute—Jurisdiction of court ousted—Intention of Constitution and Organic Law.
        Milne Bay Provincial Government v Roy Evara [1981] PNGLR 63

114. Provincial Governments—Suspension of—Decision to "provisionally suspend"—Decision a discretionary matter for NEC—When decision open to judicial review—No legal requirement to determine that matter can only be put right by suspension—Judicial review not to be used where procedures not exhausted—Whether provisions of Organic Law procedural or substantive—Constitution, s187E(1), (2)—Organic Law on Provincial Government, s91A(d).
        Independent State of Papua New Guinea v Philip Kapal [1987] PNGLR 417

115. Provincial government—Suspension of—Re-establishment—Effect of re-establishment—Whether need for fresh elections—Whether power in NEC to amend provisional Constitution—constitution, s187E(1), s187E(4), s187F—Organic Law on Provincial Government, s97.
        SCR No 3 of 1986; Ref by Simbu Provincial Executive [1987] PNGLR 151

116. Provincial governments—Law making powers—Extra—territorial effect of—Power to impose retail sales tax—Retail sale in province of goods—Tax on wholesale sales outside province made for purpose of retail sale within province—Law beyond power—Organic Law on Provincial Governments (Ch1), s14, s21, s56, s57, s58—Retail Sales Tax Act (Enga Province).
        SCR No 1 of 1988; Re Provincial Retail Sales Tax Legislation [1988] PNGLR 225

117. Provincial governments—Legislative powers—Power to provide for town authorities—Valid power—not excluded by Local Government Act (Ch57)—Organic law on Provincial Government (Ch1)—Mount Hagen Town Authority Act 1989 (Western Highlands).
        Mount Hagen Town Authority v Steamships Joint Venture Pty Ltd [1990] PNGLR 350

118. Provincial Governments—Public finances—Supervision and control—Provisions of Organic Law providing for unconditional grants—Source of power—Whether power in National Executive Council to revise once approved—Constitution s187C, s209(1) Organic Law on Provincial Government—Public Finance (Management) Act 1986.
        Special Constitution Reference No 1 of 1990; Re Provincial Governments Grants [1990] PNGLR 532

119. Qualified rights—Freedom of assembly and association—Freedom to belong to "associations"—Lawyers—Compulsory membership of law Society—Whether unconstitutional—Whether Law Society an "association"—provision to be construed as requiring voluntary membership—Lawyers Act 1986, s9—Constitution.
        Application of Karingu [1988-89] PNGLR 276

120. Qualified rights—Freedom of employment—lawyers—Lawyers Act 1986—Requirement for practising certificate—Requirements for insurance cover—Whether requirements unconstitutional—Whether "qualifications (if any) lawfully obtained—Lawyers Act 1986—Constitution s48.
        Application of Karingu [1988-89] PNGLR 276

121. Qualified rights—Freedom of employment—Quaere applicability of restraint of trade clauses in light of.
        Taurama Pharmacy Pty Ltd v Sherwen [1990] PNGLR 127

122. Reception of common law—meaning of "revision" of common law by Statute in England—Revision by Statute ignored—Constitution, Sch 2.2(3)—Applicability—Appropriateness of common law of maintenance and champerty to the circumstances of Papua New Guinea—Constitution, Sch2.2 (1) (b).
        Mt Kare Holdings P/L v Akipe [1992] PNGLR 60

123. Retrospective legislation—Restricting qualified rights—Non compliance with Constitutional requirements—Effect of.
        The State v NTN P/L and NBN Ltd [1992] PNGLR 1

124. Review pursuant to s155(2)(b) of the Constitution—Cases where there is no statutory right of appeal.
        SCR No 8 of 1992; Application by Mionzing [1992] PNGLR 122

125. Rights of all persons—Liberty of person—Imprisonment for failure to pay compensation for enticement—Statutory procedure for enticement proceedings—Procedure not followed—Imprisonment unlawful—Constitution s42.
        Re Moki Nikints [1988-89] PNGLR 164

126. Rights of all persons—Liberty of person—Unlawful and unreasonable detention—What constitutes—Committed person held 17 months—Committal papers lost—No records held—Detention unlawful—Order for release from custody—Prohibition on further proceedings—Constitution.
        Re Yanepa [1988-89] PNGLR 166

127. Rights of all persons—Liberty of person—Imprisonment for failure to pay compensation for breakdown of marriage—Sufficiency of proof of marriage—No proof that de facto relationship recognised by custom—Imprisonment unlawful—Constitution, s42(5).
        Re Thesia Maip [1991] PNGLR 80

128. Right to vote under s50 of the Constitution. Section 96(2) of Organic Law on National elections does not infringe s50 of the Constitution.
        SCR No 8 of 1992; Application by Mionzing [1992] PNGLR 122

129. Right to vote, s50—Equality and participation of citizens, National Goal 2—Failure to permit eligible voters to voter—Validity of elections.
        Yarakei v Electoral Commission [1991] PNGLR 223

130. Special rights of citizens—Right to vote and stand for election—Regulation of—Rights capable of restriction but not prohibition.
        SCR No 2 of 1982 [1982] PNGLR 214

131. Special rights—Protection from unjust deprivation of property—Whether applicable to statutory rights regulating sale of customary timber—No compulsory acquisition—Constitution, s53—Forestry (Private Dealings) s7.
        SCR No 3 of 1989; Re Forestry (Private Dealings) Act [1990] PNGLR 222

132. Special rights of citizens—Equality of citizens—Application of custom—Where denigrates status of female—Contrary to National and Constitutional rights to equity—Imprisonment for adultery—Complaint of relatives—Discretion by husband—Contrary to natural justice and unlawful—Constitution, s42(5), s55—Adultery and Enticement Act 1988.
        Re Wagi Non [1991] PNGLR 84

133. The Sate—Action for defamation—Effect of s38 and s46 of the Constitution on right to bring action for defamation.
        Cory v Blyth (No. 1) [1976] PNGLR 274

134. The State—Whether motions of no confidence may be validly moved during the life of the First Parliament.
        Reference No. 2 of 1976 [1976] PNGLR 228

135. The State—Whether general election permissible before electoral boundaries determined.
        Reference No. 3 of 1976 [1976] PNGLR 242

136. Underlying law—Applicability of English common law—Regard to circumstances of Papua New Guinea at present time.
        Jacob Hendrich Prai v Officer of the Government of PNG (No. 1) [1979] PNGLR 1

137. Underlying law—Application of Sch2.2—Pre-Independence common law principle overruled by competent court in England after Independence.
        The State v Bisket Uranguae Pokia [1980] PNGLR 97

138. Underlying law—Adoption of principles of natural justice—Application of common law—Not creating constitutional rights.
        SCR Nos 12 and 12a of 1984—Re Joe Paraka v The State [1985] PNGLR 224

139. Underlying law—application of common law principles—Natural justice to be heard.
        Iambakey Okuk v Fallscheer [1980] PNGLR 274

140. Underlying law—Declaration of—Finding of "no rule of law" necessary—Rule of law including custom—No evidence of custom—No power to declare war.
        Constitutional Reference No. 1 of 1977 (Sch 2.3) [1978] PNGLR 295

141. Underlying law—Pre-Independence cause of action—Negligence—Motor Vehicle accident—Payback killing reasonably foreseeable—Whether common law inappropriate to circumstances of country.
        Government of Papua New Guinea v Moini [1978] PNGLR 184

142. Underlying law—Formulation of.
        SCR No 4 of 1980—Re Petition of MT Somare [1981] PNGLR 265

143. Underlying law—Development of—By National Court—Slavish reliance on overseas precedents disapproved.
        Kekedo v Burns Philip (PNG) [1988-89] PNGLR 122

144. Underlying law—Professional negligence—Lawyers—Failure to institute action in time—Principles from other common law jurisdictions—Principles consistent with customary notions of wrong and recompense—Adoption of—Constitution, Sch2.3
        Martha Limitopa v The State [1988-89] PNGLR 364

145. Underlying law—Choice of law—Custom as prime source of law—Customary title to land—Compensation for wrongful occupation by government—Claims to be based on custom—Development of underlying law—Constitution, Sch2—Customs Recognition Act, s59.
        Madaha Resena v Independent State of PNG [1990] PNGLR 22

146. Underlying law—Common law—Custom—Whether dual system—Whether custom superior to common law—Discussion of—Constitution, Sch2.1, Sch2.2(1).
        Madaha Resena v The State [1991] PNGLR 174

147. Underlying law—Formulation of—pre—requisites to—Evidential inquiry into custom—Determination of consistency with particular matter—Constitution, Sch2.1, Sch2.2(1), Sch2.3.
        Madaha Resena v The State [1991] PNGLR 174

148. Validity of statutes—Inter-group Fighting Act.
        SCR No. 1 of 1981 Re s18 [1981] PNGLR 151

149. Validity of Provincial Constitution—Prohibition on standing for provincial elections—Prohibition contrary to National Constitution.
        SCR No. 2 of 1984—New Ireland Provincial Constitution [1984] PNGLR 81

150. Judicial Review—Dismissal from employment—In dismissing the applicant whether the Police Commissioner complied with the principles of natural justice—Constitution, s59.
        Farapo v The Commissioner of Police [1996] PNGLR 17

151. Application for Enforcement of Human Rights—claims for compensation for alleged breaches of Constitutional rights and freedoms.
        Application of Tataki [1996] PNGLR 90

152. Allegation of destruction of property by Policemen—Applicant must first show that those rights and freedoms have been infringed—Applicant must further identify the person who infringed his rights
        Application of Tataki [1996] PNGLR 90

153. Judicial review—Constitution, s155(2)(b)—review of findings of fact and sentence—not falling within the principles enunciated in Avia Aihi v The State [1981] PNGLR 81.
        Kapau v The State [1996] PNGLR 96

154. Originating summons—Applications for declarations as to ownership of oil and minerals in Papua New Guinea—Challenge to validity of Mining Act, s5 and Petroleum Act, s5—Defendants' applications to strike out plaintiffs' claims on grounds of lack of jurisdiction, lack of standing in the plaintiffs and for want of cause of action.
        Tomu v PNG [1996] PNGLR 101

155. Constitution, s42—Non-compliance—Effect on admissibility of confession—Discretion of Court to exclude confession
        The State v Malepo (No 1) [1996] PNGLR 151

156. Jurisdiction of Court—Question whether people of a particular area whose area is within a particular provincial boundary may be required by Parliament to form a part of another provincial electorate or open electorate for purposes of voting or standing for public office or for whatever reason, is a legal or constitutional matter which the National Court has jurisdiction to entertain—Constitution, s125(1), s125(3), s125(4)
        Lipu v Electoral Boundaries Commission [1996] PNGLR 178

157. Constitution, s187I(4), Sch1.17(1), s86(2)—Whether Gulf Provincial Local Government (Amendment) Act 1995 contravened Constitution, s187I(4).
        Horepa and 13 Others v Banakato [1996] PNGLR 200

158. Constitution, s57—Enforcement of rights and freedoms—Entry into premises by armed police—Constitution, s36—Freedom from inhuman treatment—Whether breach of s36 when guns not pointed at victims and victims not assaulted—Freedom from arbitrary search and seizure—Constitution, s44—No search warrant obtained by police—Police not in immediate pursuit—Search Act, s5.
        Namuesh v Ofoi [1996] PNGLR 211

159. Constitution, s57—Enforcement of rights and freedoms—Prisoner—Constitution, s36—Freedom from inhuman treatment—Protection of the law—Constitution, s37(1)—Harsh or oppressive treatment—Constitution, s41—Constitution, s46.
        Application of Waso [1996] PNGLR 218

160. Constitution, s155(2)(b)—Review of sentence—not falling within the principles enunciated in Avia Aihi v The State [1981] PNGLR 81.
        Kami v State [1996] PNGLR 112

161. Constitutional Law—Judicial review—Constitution, s155(2)(b)—review of findings of fact and sentence—not falling within the principles enunciated in Avia Aihi v The State [1981] PNGLR 81.
        Kapau v State [1996] PNGLR 96

162. Constitution, s155(2)(b)—Inherent power of the Supreme Court to stay proceedings pending review—Separate from Supreme Court power to review on appeal.
        Mune v Poto [1996] PNGLR 125

163. Constitution, s155(4)—Power of the Supreme Court to stay proceedings pending review.
        Mune v Poto [1996] PNGLR 125

164. Organic Law on Provincial Government—s82, s91, s105—Provincial Appropriation Act—Application to restrain Minister for Provincial Affairs from approving provincial Appropriation Act—Non-justiciability.
        Ipatas and 11 Others v Balakau [1996] PNGLR 248

165. Judicial Review under the Constitution, s155(2)(b)—nature and scope of judicial review in election cases discussed.
        Kumba v Kuli and Electoral Commissioner (2000) SC641

Contempt

1. Contempt sub judice—Supreme Court—Pending proceedings—when proceedings pending—letter from Minister for Justice to Chief Justice between date of National Court hearing and date of reference to Supreme Court.
        Public Prosecutor v Nahau Rooney (No.1) [1979] PNGLR 403

2. Contempt—What constitutes—Scandalising courts and judges—interference with course of justice—prejudicing fair hearing—Whether Minister of State have immunity—Power of court to punish—Relevant consideration—Supreme Court.
        Public Prosecutor v Nahau Rooney (No.2) [1979] PNGLR 448

3. Interfering with court of justice—Police officer—Failure to attend as witness.
        Re Passingan Taru [1982] PNGLR 292

4. Contempt of court—Interference with course of justice—What constitutes—Failure of lawyer to appear—Special fixture of criminal trial—Court left unoccupied on circuit—Carelessness amounting to contempt.
        The State v Mark Taua [1985] PNGLR 179

5. Contempt of Supreme Court—practice—Hearing by single judge of Supreme Court—What constitutes contempt prejudgment of issues before court—Tendency to influence court.
        SCR No. 3 of 1984 Exp. Rowan Callick [1985] PNGLR 67

6. Contempt of court—Punishment—Fine—Lawyer as contemnor.
        Robinson v The State [1986] PNGLR 307

7. Civil contempt—Disobedience of court order—Standard of proof—Beyond reasonable doubt—Punishment—Powers of—Scope of—Failure to deliver property to receiver manager pursuant to order—Fine of K5,000 for each charge proved.
        Yap v Tan [1987] PNGLR 227

8. Contempt of Court—Disobedience of court order—What constitutes contempt—Order directing delivery up of property to receiver manager—Belief that order stayed pending appeal—Obligation to obey order until discharged—Contempt made out.
        Yap v Tan [1987] PNGLR 227

9. Contempt of court—Interference with course of justice—Lawyer failing to appear on time for circuit sittings—Whether failure "deliberately with intent to hinder court"—Carelessness and inadequate travel arrangements not deliberate obstruction—Contempt not made out.
        David Gwaya Poka v Independent State of Papua New Guinea [1988] PNGLR 218

10. Civil contempt—Disobedience of court order—What constitutes contempt—Order must be clear and unambiguous—Proper service—Wilful disobedience—Standard of proof beyond reasonable doubt.
        Bishop v Bishop Bros Engineering P/L [1988-89] PNGLR 533

11. Failure to provide vehicle for judge on circuit not per se contempt—Failure not calculated to interfere with administration of justice.
        Metta v The State [1992] PNGLR 176

12. Practice and procedure—Procedures in Rules of Court to be followed.
        Metta v The State [1992] PNGLR 176

Contract

1. Breach of contract—Damages—Damages for vexation, distress and frustration—when available—measure of.
        Harding v Teperoi Timbers Pty Ltd [1988] PNGLR 128

2. Breach of contract—Damages for frustration suffered, distress etc not applicable—Contra employment contracts.
        Lapon v Hagen Hauliers [1992] PNGLR 215

3. Breach of contract—Defences—Merger of debt in deed.
        Hornibrook Constructions P/Ld v Kawas Express Corporation Pty Ltd [1986] PNGLR 301

4. Building and Construction Contracts—Security to be provided—Security deposit given by third party—Not under seal—No consideration given by constructing authority—Whether guarantee or unconditional promise to pay—Deposit not recoverable.
        National Housing Commission v Queensland Insurance (PNG) Ltd [1988-89] PNGLR 474

5. Condition precedent—Effect of compliance with contract to be subject to regulating legislation.
        NTN Pty Ltd v The State [1986] PNGLR 167

6. Contract with State—Delegated power to contract—Supply and Tender procedures—provision of services—authority to contract.
        The State v Keboki Business Group Inc. [1985] PNGLR 369

7. Contract for sale of land providing for vacant possession—Contract merges in transfer on completion—Subsequent letter by purchaser to occupier offering payment on his vacation of the land—Terms to be imputed to vendor—Absence of evidence to show vendor aware of and acquiesced in agreement—No evidence of knowledge in vendor of subsequent letter.
        TR Arawa No 8 P/L v Amnol [1992] PNGLR 495

8. Enforceability—Public policy—Sale of goods—Title to goods acquired in breach of statutory regulations.
        Rainbow Holdings Pty Ltd Central Province Forest Industries Pty Ltd [1983] PNGLR 34

9. Enforcement—Agreement to settle damages claim on terms—No proceedings in Court—Term that statutory interest to be determined by National Court—Right to sue on contract—Parties estopped from denying jurisdiction by terms—Exceptional circumstances warranting entry of judgment and ante—dating thereof—National Court Rules, O12, r1, r3(4).
        Wallace v Motor Vehicles Insurance (PNG) Trust [1991] PNGLR 341

10. Enforcement—Agreement to settle damages claim on terms—No proceedings in Court—Term that statutory interest to be determined by National Court—Right to sue on contract—Parties estopped from denying jurisdiction by terms—Exceptional circumstances warranting entry of judgment and ante—dating thereof—National Court Rules, O12, r1, r3(4).
        Wallace v Motor Vehicles Insurance (PNG) Trust [1991] PNGLR 341

11. Employment—Employee never having embarked upon the work—Employer's action in re appointing giving rise to claim for breach.
        Naguwean v The State [1992] PNGLR 367

12. Exemption clauses—Himalaya type clause—Carriage of goods—Bill of lading—Stevedores performing services of contract protected.
        Rabaul Stevedores Ltd v Benedict [1984] PNGLR 248

13. General Offers and acceptance—Agreement contemplating execution of formal document—No binding contract for sale.
        Seafreight Pty Ltd v Bishop Shipping Services Pty Ltd [1976] PNGLR 22

14. General principles of fair dealing—Sale of second hand car—Implied warranty—Lack of documentation confirming sale.
        Luke v Ralda [1992] PNGLR 549

15. Guarantee—Action on—Statute of Frauds—Statute not specifically pleaded—When may be raised on trial—Where defendant taken by surprise on pleadings.
        Angelo Cresseri v Halla Resources Corporation [1985] PNGLR 294

16. Illegal and void contracts—Effect of—Tender unlawfully accepted—Services rendered—Quantum meruit—Recovery of until refutation.
        Keboki Business Group (Inc) v The State [1984] PNGLR 281

17. Implication of terms—Written contract—Terms imply as matter of fact—Test for—Contract of employment—No provision for repatriation on termination—Term implied.
        Yarlett v New Guinea Motors Pty Ltd [1985] PNGLR 14

18. Implied terms—General principles—Where contract silent on obviously essential matter—Fair term to be applied—Standard of reasonable person—Time for implication when contract made—Contract of chance silent as to method of draw—Implied term that first prize to first drawn ticket.
        Kimbe International Primary School v Narpal [1987] PNGLR 442

19. Implied terms—From dealings between parties—Customs clearance and forwarding agents—Contract to store goods—Standard terms of customs contracts not imported into storage contract by previous dealings.
        Rabtrad Niugini Pty Ltd v Abco Pty Ltd [1990] PNGLR 155

20. Matters not giving rise to—No intention to create contractual relationships—De facto relationship—Whether expenditure during cohabitation recoverable.
        Bulage v Ben [1990] PNGLR 473

21. Matters not giving rise to binding contract—Vagueness and uncertainty—Deed of indemnity guaranteeing mortgage to be entered into—Terms acted upon—Intention that deed to have legal effect—Specific performance available.
        Woodward v Woodward [1987] PNGLR 92

22. Sale of land—Specific performance ordered—Performance of order by execution of fresh agreement—Claim order thus varied—Ministerial consent delayed—Rescission refused.
        Kwila Insurance Corp v Kwangtun P/L [1992] PNGLR 200

23. Statutes of Frauds—promise to answer for debt, default or miscarriage of another—Distinction between primary and secondary liability—Acknowledgement of wife's debt not guarantee of liability—Writing not required—Statutes of Frauds and of Limitations Act (Ch33), s5.
        Niugini Lloyds International Bank Ltd v Sakora [1987] PNGLR 275

24. Time limitations—Strict compliance with—Arbitration clause—Time limit on referral to arbitration—Settlement negotiations—Referral not notified in time—Whether equitable estoppel.
        Thiess Watkins (PNG) Ltd v Papua New Guinea Electricity Commission [1988-89] PNGLR 454

25. Unilateral abrogation—Conditions and warranties—Was party deprived of benefits of the contract—Contract for care of juvenile offenders—Declaration—Interpretation of agreement.
        Brothers of Sacred Heart Inc., v The Director of Child Welfare [1992] PNGLR 40

26. Illegal contract—Contract of employment between Town Authority and Senior Employee—Entered into pursuant to provisions of provincial statute—Statutory requirements as to creation of position and entering into contract not followed—Contract illegal—Contract declared void—Mount Hagen Town Authority Act 1989, s24, s49.
        Wag v Mount Hagen Town Authority [1996] PNGLR 385

Costs

1. Bill of costs—Recovery—Certificate of taxation—Certificate conclusive of liability—Challenges to be made prior to issue of certificate—National Court Rules, O22, r62.
        Thirlwall v Eng Chin Ah [1988-89] PNGLR 34

2. Claim and counterclaim—Plaintiffs and defendant each succeeding on main issue—Evidence mainly on counterclaim—Plaintiffs to pay one half of defendant's costs.
        Fraser and Fraser v Angco Pty Ltd [1977] PNGLR 134

3. Costs of action—Damages for personal injuries—compulsory third party motor vehicle insurance—Action against Statutory Trust—Statutory limit on damages to be awarded against Trust—Balance of claim against Insured Statutory indemnity for costs—Liability of insured for costs—Extent of liability of insured for costs.
        Kerr v Motor Vehicles Insurance (PNG) Trust [1978] PNGLR 438
        Kerr v Motor Vehicles Insurance (PNG) Trust [1979] PNGLR 251

4. Costs of execution—Writ of fi fa—costs endorsed on writ—Costs payable to judgment creditor.
        Port Moresby City Council v Sheriff of Papua New Guinea [1981] PNGLR 477

5. Costs of action—Damages for personal injuries—Motor vehicle accident—Compulsory insurance—Statutory limit on liability—Damages exceeding limit—Costs not included in limit—Motor Vehicles (Third Party Insurance) Act (Ch No 295), s49(2)(a).
        MVIT (PNG) Trust v Reading [1988-89] PNGLR 608

6. Departing from general rule—Appeal—Each party successful in part—No order for costs appropriate.
        Pinzger v Bougainville Copper Ltd [1985] PNGLR 160

7. Departing from general rule—Powers of court—Payment into court—Judgment—for less than amount paid in—infant claim for damages—Payment into court made day prior to hearing—Overseas counsel briefed—Court sanction required if settled—special cause shown General rule applied.
        Coady v Motor Vehicles Insurance (PNG) Trust [1985] PNGLR 450

8. Departing from general rule—Discretion—Contempt proceedings—Conduct of party—Proceedings dismissed for non—compliance with Rules—Payment of costs by each party reasonable.
        PNG Coffee Industry Board v Panga Coffee Factory Pty Ltd [1990] PNGLR 363

9. Departing from general rule—Privative clause excluding liability "in civil proceedings"—Discretionary power to refuse costs exercised—Forestry (Private Dealings) Act s7(4).
        Manus Provincial Government v Tarsicius Kasou [1990] PNGLR 395

10. District Courts—Scale costs—Fee of Attorney or agent confined to lawyers—law student appearing by leave.
        Jack Laad v Leo Wanjo [1983] PNGLR 114

11. District Courts—Criminal jurisdiction—Simple offence—Dispositive orders made—No power to award costs.
        Agatha Harangu v Veronica Wangiwa [1985] PNGLR 205

12. Leadership Tribunal—No statutory power to order—No power to recommend—Organic law on the Duties and Responsibilities of Leadership (Ch1).
        Re Chan [1988] PNGLR 260

13. Magistrates Court—Criminal jurisdiction—Principles for awarding—Amount to be awarded—Just and reasonable—Not limited by prescribed scales.
        Dennis McEnroe v Felix Mou [1981] PNGLR 222

14. National Court—Claim within monetary limit of District Court—Costs on District Court scale—Discussion—National Court Rules, O22, r25.
        Chief Collector of Taxes v Kila Kapa [1990] PNGLR 140

15. Order for "costs"—What included—Arbitration—"Costs of reference"—To be taxed in National Court—Plaintiff not legally represented—Order in favour of plaintiff—Recovery limited to legal professional costs.
        Kramer Consultants Pty Ltd v The State [1985] PNGLR 200

16. Party and party—District court—Costs awarded must accord with prescribed scales.
        Baiyer River Local Government Council v Roberty Yandapu and Kundi Maku [1980] PNGLR 430

17. Scale of costs—District Courts—Civil claims—Claims to be supported by evidence—District Courts Act (Ch40), Schedules 3, 4, 5.
        Motor Vehicles Insurance (PNG) Trust v Arild [1991] PNGLR 199

18. Security for costs—Residence out of jurisdiction—Plaintiff resident in New South Wales—Plaintiff no assets within jurisdiction.
        Driver v Swanson [1977] PNGLR 30

19. Security for costs—Against company—Belief in inability to pay costs—Prompt application required—Winding up order made—Delay in seeking security Security refused.
        Bishop Shipping Services Pty Ltd v The M.V. "Pedro" [1980] PNGLR 247

20. Security for costs—Application to be made promptly—Order discretionary—Relevant considerations.
        Yalett v New Guinea Motors Ltd [1984] PNGLR 155

21. Security for costs—Plaintiff resident abroad—Practice of requiring security still appropriate—Amount within court's discretion.
        Reynolds v Walcott [1985] PNGLR 316

22. Security for costs—Where plaintiff company may be unable to pay costs of the defendant if defendant is successful in defence—Court's discretion whether or not to order security for costs—Amount of security within court's discretion.
        Osprey Industries v Hallam [1992] PNGLR 557

23. Settlement—Cannot be claimed after settlement of action.
        Caltex v Dents [1978] PNGLR 410

24. Taxation of costs—Particular items—counsel's fees—Second or overseas counsel—Relevant considerations.
        Jordan v Edwards [1979] PNGLR 420

25. Taxation Review Tribunal—costs before—No power in Tribunal to award costs—No power in National or Supreme Courts to award costs before Tribunal.
        Thiess Brothers (Pacific) Pty Ltd v Chief Collector of Taxes [1982] PNGLR 385

26. Successful defendants—Relevance of Criminal Code, s618—relates only to ex officio indictments—Costs refused.
        State v Kembu [1996] PNGLR 8

27. Costs—Taxation—Review—Preparation for trial—Quantum of.
        Tolom Abai v The Independent State of Papua New Guinea (2000) SC632

28. Costs—Taxation—Discretionary—Exercise of discretion—Grounds for interference—Principles discussed—National Court Rules, O22 r35, r36, r60, r62.
        Tolom Abai v The Independent State of Papua New Guinea (2000) SC632

29. Costs—election petition—Organic Law on National and Local-level Government Elections s212(1)(j) s223—discretion to award costs "against an unsuccessful party to a petition"
        Charles Maino v Moi Avei and Electoral Commission of Papua New Guinea (2000) SC633

Courts and Judges

1. Disqualification—Grounds for—Bias—Impartiality to be preserved—Pre—Conceived views of evidence formed—Criminal Trial.
        The State v Joe Ivoro and Gemore Yavura [1980] PNGLR 1

2. Formulation of underlying law—Whether proper to do so by judicial act—Policy considerations relevant—Constitution.
        The State v Wik Kor [1981] PNGLR 24

3. Judges—Appearance of fair trial—Wife of judge attending court—Association with prosecutrix in rape trial—Miscarriage of Justice.
        Boateng v The State [1990] PNGLR 342

4. Judges—Disqualification for bias—particular cases—Criminal trial—Plea of guilty—Depositions read—View of evidence formed—Court of own motion entering plea of not guilty—Request to disqualify acceded to.
        The State v Sari [1990] PNGLR 48

5. Jurisdiction—"Inherent" jurisdiction—To give way to statutory grant—Constitution.
        Aviu Aihi v The State [1991] PNGLR 81

6. Magistrates—Disqualification for bias—Need for real likelihood or reasonable suspicion of bias.
        Fidelis Agai v Buckly Yarume [1987] PNGLR 124

7. National court—Jurisdiction and powers—As parens patriae—power to act for protection of infant—Sanction of compromise of action.
        Kopuri Tapie v Motor Vehicles Insurance (PNG) Trust [1986] PNGLR 78

8. Reasons for judgment—Extempore judgment delivered on circuit—Undesirability of adding reasons subsequently.
        Birch v The State [1979] PNGLR 75

9. Right of audience—Person not admitted as barrister or solicitor—Purporting to appear as agent—no right of audience.
        Henao Batari v Employer's Federation of Papua New Guinea [1979] PNGLR

10. Rules of Court—Interpretation—Special and general provisions—Constitutional reference—To be "signed by authority or proper officer"—Signature of lawyer not sufficient—Supreme Court Rules, O2, r1; O4, r1(e)—National Court Rules, O2, r33.
        SCR No 4 of 1987; Re Central Provincial Government [1987] PNGLR 249

11. Supreme court—Review of decision of National Court—Nature of application—Principles applicable.
        Danny Sunu v The State [1984] PNGLR 305

12. Supreme Court—Precedent—Dissenting judgment on preliminary issue—Whether dissenting judge bound by majority view in further proceedings.
        Avia Aihi v The State (No 2) [1982] PNGLR 44

13. Where a Judge is unable to exercise his function as a Judge—Remaining Judges to continue appeal unless one of the parties does not agree—This option must be exercised before judgment is delivered.
        Nilkare v Ombudsman Commission of PNG [1996] PNGLR 413

Criminal Law

1. Appeal against conviction—Plea of guilty—Undue haste in bringing accused before court.
        Aruru Antar v Pius Nime [1975] PNGLR 296

2. Appeal against conviction—Verdict "unsafe or unsatisfactory"—Reasonable doubt as to safeness or satisfactory.
        John Beng v The State [1977] PNGLR 115

3. Appeal against conviction—Verdict "unsafe or unsatisfactory"—Reasonable doubt as to safeness and satisfactoriness required.
        Bernard Touramasong v The State [1978] PNGLR 337

4. Appeal against conviction—Whether plea of guilty improperly entered—Unequivocal plea—Accused represented by counsel.
        Kuraba Yangesen of Meremanda v The State [1978] PNGLR 465

5. Appeal against conviction and sentence—Notice of appeal—Whether notice of appeal an application for leave to appeal.
        Smedley v The State [1980] PNGLR 379

6. Appeal against conviction and sentence—Powers of appellate court—Distinction between inferences of fact and matters of credit.
        Karo Gamoga v The State [1981] PNGLR 443

7. Appeal against conviction—miscarriage of justice—Assault of sexual nature—Failure to advert to rule requiring corroboration.
        Peter Townsend v George Dika [1981] PNGLR 12

8. Appeal against "conviction, order of adjudication"—Statutory recommendation not appealable—Recommendation of dismissal from Police Force—Police Force Act s57 (2)—District Courts Act (Ch40), s219.
        Francis Pora v Alois Sepetio [1988] PNGLR 206

9. Appeal and new trial—Miscarriage of justice—Rape—Conviction on uncorroborated evidence—Failure of judge to warn and record warning—Miscarriage of justice.
        Didei v The State [1990] PNGLR 458

10. Appeal and new trial—Practice and procedure—Leave to add ground of appeal—Out of time—Exceptional circumstances required—Prisoner appeal—Appeal against sentence—Delay in obtaining legal representation—Notice of ground not objected to by prosecutor—Leave to appeal against conviction granted.
        Dinge Damane v The State [1991] PNGLR 244

11. Appeal against sentence—Break, enter and steal—Youthful first offender—Look out for co—accused—No property taken by appellant—Sentence of three years varied—Suspended sentence with probation.
        Kuri Willie v The State [1987] PNGLR 298

12. Arrest without warrant—What powers of arrest available—Relevant considerations—Crimes Act 1914 1966 (Cth).
        Gaigo Kakore v Sing [1975] PNGLR 104

13. Compensation orders—Compensation for being in custody—Applicant acquitted of criminal offence—Whether infringement of personal liberty.
        The State v Wik Kor [1983] PNGLR 24

14. Criminal liability—Extraordinary emergency—Defences available to charge of entering country without entry permit.
        Abel Pagawa v Mathew [1986] PNGLR 154

15. Criminal responsibility—Intoxication as defence—Intention to cause own intoxication—Onus of proof.
        R v Allan Evi [1975] PNGLR 30

16. Criminal liability—company—Liability to prosecution for acts of employees—Whether acts independent of company's "will".
        Bromley and Manton Pty Ltd v Eremas Andrew [1978] PNGLR 498

17. Criminal liability—Aiding and abetting—Proximity and support in setting of tribal compulsions—Joint assault—manslaughter.
        The State v Laiam Kiala and Meiri Gomosi [1977] PNGLR 470

18. Criminal code Act—Effect on charges laid before 1st January 1982—Revision of Laws Act 1973.
        The State v Perryman [1982] PNGLR 5

19. Criminal responsibility—Proof of guilt—Traffic infringement summons—Acts requiring court to record plea of guilty on non—appearance.
        SCR 1A of 1981 [1982] PNGLR 122

20. "Criminal offence"—Distinguished from disciplinary offences.
        Public Employees Association v Public Service Commission [1983] PNGLR 206

21. Criminal responsibility—Parties to offences—Prosecution of common purpose—Disassociation—Withdrawal—Grounds to support defence of—Criminal Code s8.
        The State v Tamag Sem [1988-89] PNGLR 430

22. Criminal liability and responsibility—Defences—Compulsion—matter for defence evidence—Cannot be realised on no case submission—Criminal Code s32.
        The State v Gigere Undamu [1990] PNGLR 151

23. Criminal liability and responsibility—Defences—Insanity—Elements of—Deprivation of capacity—Impairment of capacity not sufficient—Criminal Code (Ch262), s28.
        Goi v The State [1991] PNGLR 161

24. Criminal liability and responsibility—Intention—Act occurring independently of will—Epileptic in post-ictal state—Defence made out—Criminal Code (Ch262), s24(1)(a).
        The State v Hekavo [1991] PNGLR 394

25. Defences—Duress. Compulsion—Whether defence available on charge of wilful murder.
        The State v Liwage [1976] PNGLR 314
        Limagwe v The State [1976] PNGLR 382

26. Defences—Provocation—Application of Code provisions to summary offences.
        SCR No. 6 of 1984—Re Provocation and Summary Offences Act [1985] PNGLR 31

27. Defence of accident—Onus on the prosecution to negative the defence—Proof of intention to kill.
        The State v Komane [1992] PNGLR 524

28. Degrees of criminality—Principal offenders—Wilful murder—Aiding—Minimum requirement, encouragement—When giving of consent is sufficient encouragement.
        R v Witrasep Binengim [1975] PNGLR 95

29. Hearing in the absence of the accused—Constitutional right—Constitution s37(5)—Right to hearing, where 1 only of several co-accused is re-arrested after escaping—Constitution s37(3)—Sentence cannot be passed without a convicted person having an opportunity to exercise his right under s593 Criminal Code Act—Court's powers to separate co-accused.
        The State v Watul [1992] PNGLR 475

30. Infanticide—Indictment for infanticide—Plea of guilty—Convicted of infanticide rather than concealment of birth—Sentence—Sentence for infanticide linked to sentence for manslaughter—Whether sentence other than custodial sentence can be imposed—Criminal Code s19, s301, and s302.
        State v Joseph [1992] PNGLR 238

31. Judgment and punishment—Two counts—Conviction and sentence on each—Rape and unlawful carnal knowledge—Whether sentence double "punishment'.
        Tapopwa Thomas v The State [1979] PNGLR 139

32. Judgment and punishment—double punishment—Conviction and sentence for criminal offence—subsequent disciplinary charge resulting in dismissal from Police force.
        Sudi Yaku v Commissioner of Police—Ex parte—The State [1980] PNGLR 27

33. Judgment and punishment—Term of sentence—Duration of—Date of commencement.
        Saki v The State [1980] PNGLR 33

34. Leave to appeal, Supreme Court Act (Ch37) s22(c)—Unsafe and unsatisfactory conviction.
        Habi Do and Ruin v The State [1992] PNGLR 388

35. Offences committed in prosecution of common purpose—Failure to withdraw or communicate intention of withdrawal from the common purpose by a co—accused person implies acceptance of the actions of the principal offender—Criminal Code s8.
        The State v Komane [1992] PNGLR 524

36. Onus of proof—Beyond reasonable doubt—Time for Submission of no case to answer.
        The State v Delga Puri and Tapri Maip [1982] PNGLR 395

37. Parties to criminal offences—Acting in concert—Joint offenders—Unlawful killing.
        Omowo and Yirihim v The State [1976] PNGLR 188

38. Parties to offences—Aiding and abetting—presence at scene of offence.
        Agiru Aieni v Tahain [1978] PNGLR 37

39. Parties to offences—Aiding and abetting—Unlawful killing—Individual attacks by two accused in presence of each other—No particularization of fatal blows.
        The State v John Badi Woli and Pengas Rakom [1978] PNGLR 51

40. Parties to offences—aiding and abetting—What constitutes aiding—Presence plus wilful encouragement.
        Porewa Wani v The State [1979] PNGLR593

41. Parties to offences—Accomplices—Person should could be charged on same indictment—Receiver of stolen property is accomplice on break and enter charge.
        The State v Amoko-Amoko [1981] PNGLR 373

42. Parties to offences—Counsellor procurer.
        Imiyo Wamela v The State [1982] PNGLR 269

43. Parties to offences—offences committed in prosecution of common purpose—Conviction for wilful murder—What findings required—Finding that one intended to kill not supporting conviction—Criminal Code 9Ch No 2620, s8.
        Willy Kelly Goya v The State [1987] PNGLR 51

44. Person not to be twice punished for same offence—Charge of breaking, entering and stealing—Accused previously convicted summarily of being in possession of goods reasonably suspected of being stolen—Tests to be applied.
        The State v Tokai Koweri [1976] PNGLR 468

45. Pleas—Withdrawal of plea of not guilty—substitution of plea of guilty—By leave of court—duty of court to be satisfied that safe to accept plea of guilty.
        R v Suka Ula (No.2) [1975] PNGLR 127

46. Plea for leniency based on impact of incarceration on family—Guidelines on sentencing for robbery and wilful murder—Death penalty for wilful murder—Status of—Discretionary nature of—Practical difficulties to imposition of death penalty.
        The State v Komane [1992] PNGLR 524

47. Police offences—"Being without lawful means of support"—Element of offence.
        Nori Kombo v Vapipi [1975] PNGLR 233

48. Proof of offence—Burden of proof—Absence of formal proof of essential ingredient of offence—Whether failure of proof can be cured by "admission" by accused.
        Eiserman v Nanatsi [1978] PNGLR 457

49. Prisons—corrective Institution offences—Right of appeal—Statutory provision denying right of appeal unconstitutional—Nature of proceedings before corrective institution officers.
        Constitutional Reference No. 2 of 1978 (Re Corrective Institutions Act 1957) [1978] PNGLR 404

50. Prisons—Discipline and conduct of prisoners—Powers of Commissioner—Infringement of constitutional rights.
        Tom Amaiu v Commissioner of Corrective Institutions [1983] PNGLR 87

51. Prisons—Fundamental rights—Treatment of detainees—Right of juveniles to be separated.
        Re Heni Pauta [1982] PNGLR 7

52. Prisons—Transfer of "offenders"—Area away from that in which relatives reside—Basic rights.
        Ana Komidese v Leo Kuabaal (Commission of Correctional Services) [1985] PNGLR 212

53. Public prosecutor—Standing and role of—No standing to seek judicial review on demurrer to indictment—Constitution, s156, s177—Public Prosecutor (Office and Functions) Act (Ch338), s4—Supreme Court Act (Ch37), s4, s21, s24, s25, s26.
        SCR No 5 of 1987, Application by Acting Public Prosecutor [1987] PNGLR 216

54. Punishment—Powers of disposition—National Court—Charge proved—No power to dismiss without proceeding to conviction.
        SCR No.2 of 1981 [1982] PNGLR 150

55. Verdicts—alternative verdicts—charge involving specific result—Offence of which "the causing of some specific result is an element".
        SCR No 4 of 1984—The State v James Pah [1985] PNGLR 188

56. Verdicts—Misappropriation of property—New offence—Alternative verdict of false pretences available.
        Opal Kunangel v The State [1985] PNGLR 144

57. Conspiracy to pervert the course of justice—Nature of the original charge—Relevance of alternate dispute resolution—Role of police as parties—Circumstances of Papua New Guinea.
        State v Kembu [1996] PNGLR 8

58. Murder—Circumstantial evidence—Accuseds' right to remain silent—Conviction—Evidence—Whether guilt is the only inference.
        State v Garitau [1996] PNGLR 48

59. Criminal Code, s383A—Misappropriation—Defence of honest claim of right, Criminal Code, s32(2)—Rejected.
        State v Gorea [1996] PNGLR 141

60. Voire dire—Hearing of Confession—Whether Admissible—Failure to inform accused of his right to speak of remain silent—Questions and answers in the pidgin language—Statement recorded in English language.
        State v Malepo (No 1) [1996] PNGLR 151

61. Admissibility of confessions—Weight to be attached—Final consideration of all available evidence—Factors—Contents of alleged documents—Sufficient details as to alleged crime—Burden of proof remains on Prosecution.
        State v Julio [1996] PNGLR 243

62. Worst case of murder—No special circumstances—Maximum penalty—Constitution, s35 and s36 taken into account.
        State v Malepo (No 2) [1996] PNGLR 252

63. Robbery with actual violence—Plea of guilt—Witness statement tendered by consent—Vague state of description.
        State v White (No 1) [1996] PNGLR 262

64. Evidence from witnesses other than victim's evidence before the Court—Victim's evidence is vital—Only victim can clearly describe exactly what he or she saw, heard and felt at time of offence. Evidence of other witnesses only confirms or corroborates the victim's evidence.
        State v Kupok [1996] PNGLR 271

65. Appeal against sentence—Rape of 12 year old—Breach of trust in de facto duty—Position of vulnerability of victim.
        Meaoa v State [1996] PNGLR 280

66. Appeal against conviction and sentence of death—Application to grant leave to amend notice of appeal—whether indictment of murder and rape amend to procedural irregularity.
        Ombusu v State [1996] PNGLR 335

67. Appeal—Application to grant leave to amend notice of appeal—Ground of special circumstances—Death penalty and rape.
        Ombusu v State [1996] PNGLR 335

68. Appeal against sentence—Disparity of sentence—General grounds of interference—Sense of injustice ground for adjustment of sentences.
        Uramani v State [1996] PNGLR 287

69. Murder—Plea—Prisoner wife killed de facto wife of common husband—Appropriate sentence—6 years imprisonment (less 8 months 26 days in pre-trial custody)—Criminal Code (Ch262), s300(1)(a)—Criminal Law (Compensation) Act 1991, s3(1)(e)
        State v John (No 2) [1996] PNGLR 298

14. Sentence—Murder—Appropriateness of a compensation order where sentence for murder considered appropriate by the Court is in excess of 12 months imprisonment—Criminal Law (Compensation) Act 1991, s3(1)(a), s3(1)(e); s6(b)—Compensation not awarded.
        State v John (No 2) [1996] PNGLR 298

15. Joint Trial—Wilful Murder—Circumstantial evidence—Series of armed robberies prior to and after killing of deceased—Identification parade—failure to point out accused in Court—Whether prior identification sufficient Principal offenders, Criminal Code, s7.
        State v Kola [1996] PNGLR 322

16. Rape—Evidence—Accused alleged that penetration was effected by finger and not penis—Whether penetration of the victim's vagina was effected by the accused's fingers or by his penis.
        State v Kindung [1996] PNGLR 355

17. Evidence—Rape—Penetration victim did not feel sperm being released inside vagina—Accused claim to have released sperm outside vagina—Whether presence of spermatozoa inside victim's vagina essential to sustain the charge of rape or is merely corroborative evidence.
        State v Kindung [1996] PNGLR 355

18. Criminal law—Appeal against severity of sentence—Armed robbery—Plea of Guilty—Sentence of 10 years imprisonment with hard labour—Sentence excessive—Robbery of a factory—Group of armed first-time young offenders—substantial mitigating circumstances—error in the exercise of sentencing discretion—Appeal upheld—Application of guidelines in Gimble v The State [1988-89] PNGLR 271.
        Anis and Others v The State (1999) SC642

19. Criminal law—Sentencing—"principles" established in Gimble v The State still good law—Supreme Court needs to prescribe new "guidelines" to supersede those in Gimble v The State [1988-89] PNGLR 271.
        Anis and Others v The State (1999) SC642

Criminal—Bail

1. Bail application—Bail pending appeal from conviction by lower court—Onus on applicant—Power discretionary.
        Logalio Piaro v Kumbamung [1976] PNGLR 283

2. Bail—Detention pending deportation—Bail rights not applicable.
        Perryman v Minister for Foreign Affairs and Trade [1982] PNGLR 339

3. Bail—Forfeiture—Application to vary or revoke—No power to revoke where application outside prescribed time limit.
        SCRA Nos 12 and 12A of 1984—Re Joe Parakas v The State [1985] PNGLR 224

4. Bail applications—After conviction under Local court.
        Paul Aika v Casper Uremany [1976] PNGLR 46

5. Application bail for permission to leave Papua New Guinea—Applicant on bail—Principles concerning applications by non citizens considered.
        Ex Parte Smedley [1978] PNGLR 156

6. Bail Application—After conviction—conviction by National Court—Exceptional circumstances must be shown.
        Rolf Schubert v The State [1978] PNGLR 394

7. Bail application—After conviction—Conviction by National Court—Exceptional circumstances must be shown.
        Smedley v The State [1978] PNGLR 452

8. Bail—Application for permission to leave Papua new Guinea—Applicant on bail—Power discretionary.
        Re Stephen Mark McMillan [1980] PNGLR 158

9. Bail application—During course of trial—Right to bail.
        Re Herman Kagl Diawo [1980] PNGLR 148

10. Bail application—Pending committal.
        Re Samire Taleb Abdullah Jaber Anbabiawi [1980] PNGLR 195

11. Bail Application—Wilful Murder.
        Paul Louis Kysely v The State [1980] PNGLR 36

12. Bail Application—Wilful Murder.
        Ipara Natesa Atingi v Temi Josiah [1982] PNGLR 286

13. Bail—Pending appeal—"Exceptional circumstances"—Conviction of rape.
        John Jaminen v The State [1983] PNGLR 122

14. Bail application—Offence of wilful murder—principles applicable on bail application.
        Re Fred Keating [1983] PNGLR 133

15. Bail application—Offence of wilful murder—Applicant to show cause why detention not justified.
        Re Kou Dua [1984] PNGLR 22

16. Bail applications—After conviction—Exceptional circumstances must be shown.
        The State v Robert Kani Yabara (No. 1) [1984] PNGLR 133

17. Bail—Breach of condition of—Warrant of arrest—Where "proceedings commenced before" court.
        The State v Emmanuel Kaliloboa [1986] PNGLR 143

18. Bail Application—nature of offence may be significant—break, enter and steal.
        The State v Beko Job Paul [1986] PNGLR 97

19. Bail—Breach of condition of—Bench warrant—Forfeiture of bail—Revocation of forfeiture—Procedure for—Bail Act.
        The State v Gawi [1988-89] PNGLR 118

20. Bail—Breach of condition—Bench warrant—When may issue—Arrest Act Ch3390—Criminal Practice Rules 1987, O3, r10.
        Gawi v The State [1990] PNGLR 458

21. Bail—Breach of condition of—Bench warrant—Forfeiture of bail—Revocation of forfeiture—Procedures for—Bail Act.
        The State v Gawi [1988-89] PNGLR 118

Criminal—Evidence

1. Evidence—Admissibility—Admissions by accused person—Failure to comply with s42(2) of Constitution.
        Reference No.1 of 1977

2. Evidence-Admissions made on arraignment—subsequent entry of plea of not guilty pursuant to s575 of the Criminal Code—Use to which words may be put—Accused not illiterate not entirely ignorant of law.
        The State v Poka [1977] PNGLR 27

3. Evidence—Admissibility of confession in record of interview in issue—Whether questions regarding guilt or innocence of accused person permissible.
        The State v Bisket Uranguae Pokia [1980] PNGLR 97

4. Evidence—Admissions by accused person—Request for lawyer—No genuine attempt to comply with request.
        The State v Silih Sawi [1983] PNGLR 234

5. Evidence—Admissibility—Admission by Accused—Record of interview properly obtained—Prior statement obtained without proper warnings.
        The State v Kevin Evertius [1985] PNGLR 109

6. Evidence—Admissibility—unsworn record of interview—Medical reports—Handing up of documents with consent of counsel—Not evidence before court—Admissions—How made—Whether fair trial—Requirements for "proof of guilt"—Criminal Code s589—District Courts Act ,—Constitution s37.
        The State v Misari Warun [1988-89] PNGLR 327

7. Evidence—Admissibility—Evidence unlawfully obtained—Evidence obtained in breach of Search Act—Evidence rejected—Search Act s3(1)(4).
        The State v Benny Buen Iga [1990] PNGLR 146

8. Evidence—Admissibility—Murder trial—Committal by coroner's court—Statements taken before coroner's court—Statement of registered medical practitioner—Application of District Courts Act—Discretion to admit without further proof—Circumstances against admission—Evidence crucial—Coroners Act (Ch32), s22, s23(3)—District Courts Act (Ch40), s102.
        The State v Samson Wailo (No 2) [1991] PNGLR 150

9. Evidence—Admissibility—Evidence unlawfully obtained—Evidence obtained without search warrant—Evidence obtained in breach of Search Act—Breach of Search Act also breach of guaranteed rights and freedoms—Discretionary powers to admit—Evidence rejected—Search Act (Ch341), s5(5), 6(1)—Constitution, s44, s49, s57.
        State v Popo [1987] PNGLR 286

10. Evidence—Admissibility of record of interview—Record rejected—Application to re-open—Issue not to be re-opened on fresh evidence—Issue not to be re-opened on further evidence—Evidence on voire dire not evidence in trial.
        The State v Paro Wampa (No 2) [1987] PNGLR 281

11. Evidence—Admissibility of record of interview—Where there is a breach of s42(2) of Constitution—Rights of person arrested or detained—Includes person in custody—Rejection within discretion of court—Record credible—and no adverse effect on accused—Record admitted—Constitution, s42(2).
        The State v Peter Morip [1987] PNGLR 376

12. Evidence—Admissibility of record of interview—Where there is a breach of s42(2) of Constitution—Rights of person "arrested" or "detained"—Loss of "liberty"—Nature of rights—When to be given—Duty of police—Rejection of interview within discretion of court—Constitution, s42(2).
        The State v Paro [1987] PNGLR 120

13. Evidence—Alibi—Burden of proof—Onus on accused—Rape—False alibi may amount to corroboration.
        John Jaminan v The State (No. 2) [1983] PNGLR 318

14. Evidence—Burden of proof—Inferior courts—Standard of proof not to be altered because of standards of prosecution.
        Cornish v Kwago Like [1978] PNGLR 56

15. Evidence—Burden of proof—Presumption of innocence—Participated in inter-group fighting—Burden of proof on accused.
        Constitutional Reference No. 3 of 1978 (Re Inter Group Fighting Act 1977) [1978] PNGLR 421

16. Evidence—Burden of proof—Circumstantial evidence.
        Paulus Pawa v The State [1981] PNGLR 498

17. Evidence—Burden of proof—Circumstantial evidence.
        The State v Tom Morris [1981] PNGLR 493

18. Evidence—Burden of proof—Circumstantial evidence—Whether guilt only rational inference open—Primary findings of fact not connecting accused with murder—False statements by accused—Inferences of guilt not safe.
        Allan Oa Koroka v The State [1988-89] PNGLR 131

19. Confessions and admissions—Record of interview—Admissibility—Instructions of Commissioner of Police—Desirability of recording in language of accused.
        Fande Balo v The Queen [1975] PNGLR 378

20. Confessions and admissions—Record of interview—Admissibility—Interview conducted in Pidgin—Recorded in English.
        Fande Balo v The Queen [1975] PNGLR 378

21. Confessions—Admissibility—voluntariness—meaning of—Onus and standard of proof of voluntariness—Discretionary power to reject.
        R v Kar Moro [1975] PNGLR 14

22. Confessions—Record of interview—Not part of case for prosecution—Whether prosecution entitled to cross—examine accused on record of interview.
        R v Medafumeye Urainumai of Wanko [1975] PNGLR 58

23. Evidence—Confessions—Standard of proof of admissibility—Proof beyond reasonable doubt required.
        The State v Allan Woila [1978] PNGLR 99

24. Evidence—Confessions—Admissibility—Breach of Judge's Rules—Applicability of.
        The State v Goli Golu [1979] PNGLR 11

25. Evidence—Confessions and admissions—Defendant to be given real opportunity to exercise "right" to have lawyer or friend present.
        Maxwell Arthur Schliebs v H. Singh [1981] PNGLR 364

26. Evidence—Confessions—Admissibility—Determination of on voire dire—Principles applicable—Whether judge may read confession to determine admissibility—discretionary powers—Exercise of discretion.
        Uda Liki Gasika v The State [1983] PNGLR 58

27. Evidence—confession—voluntariness contested on voire dire—Use to which evidence may be put on trial.
        The State v Kusap Kei Kuya [1983] PNGLR 263

28. "Confessions"—Judges Rules—"Person in Custody"—Natives.
        R v Aingo [1983] PNGLR 271

29. Evidence—Confessions—Voluntariness—Absence of proper caution.
        The State v Kiki Hapea [1985] PNGLR 6

30. Confessions and admissions—discretion to exclude—Unfairness to accused—Constitutional basis for exercise of discretion—Fairness and propriety of police conduct relevant—Whether judge's rules applicable.
        The State v Mana Turi [1986] PNGLR 221

31. Confessions and admissions—discretion to exclude—Unfairness to accused.
        The State v Anton Ames Turik [1986] PNGLR 138

32. Confessions and Admissions—Discretion to exclude—Unfairness to accused—Record of interview—Taken in custody.
        The State v Win Kwainfelin [1986] PNGLR 106

33. Evidence—Confessions and admissions—Record of interview—Where unsigned—Discretion to admit—Where fairly obtained and properly recorded—Admissible to extent adopted by accused.
        The State v Goi Mubin [1990] PNGLR 99

34. Evidence—Corroboration—Rape—Desirability of corroboration of accomplice.
        The State v Bike Guma [1976] PNGLR 10

35. Evidence—Corroboration—Sexual offences—Young children—Rule of practice requiring corroboration applicable.
        The State v Kewai Kai [1976] PNGLR 481

36. Evidence—Corroboration—Accomplice—Who is an accomplice within the meaning of the rule—Wilful murder.
        The State v Nataemo Wanu [1977] PNGLR 152

37. Evidence—Corroboration—Accomplices—Applicability of common law practice requiring warning that it is dangerous to act on uncorroborated evidence of accomplice.
        The State v Titeva Fineko [1978] PNGLR 262

38. Evidence—Corroboration—Accomplices—Applicability of common law practice requiring warning that it is dangerous to act on uncorroborated evidence of accomplice—rule inapplicable and inappropriate to Papua New Guinea.
        The State v Joseph Tapa [1978]  p,134

39. Evidence—Corroboration—who is accomplice—Rule of practice to advert to warning.
        The State v Amoko-Amoko [1981] PNGLR 373

40. Evidence—Credibility—Corroboration—Sexual offence—Danger of convicting on uncorroborated evidence to be adverted to in reasons of judgment.
        The State v Andrew ToVue [1981] PNGLR 8

41. Evidence—Cross examination as to previous convictions—Imputations against State witnesses.
        The State v Rain [1976] PNGLR 43

42. Evidence—Cross—examination of State witnesses to put defence case desirable.
        The State v Ogadi Minjipa [1977] PNGLR 293

43. Evidence—Cross—examination—Cross—examination of witnesses to put adverse case.
        The State v Manasseh Voeto [1978] PNGLR 119

44. Evidence—Cross—Examination—Cross examination of State witnesses to put defence case desirable.
        The State v Saka Varimo [1978] PNGLR 62

45. Evidence—Competency of witnesses—Joint indictment—One accused pleading guilty and other not guilty—Accused pleading guilty to be called as witness—Appropriate procedure—Witness not competent.
        The State v Atukote [1978] PNGLR 212

46. Evidence—Competency—Child—Examination as to competence—Need for court to be satisfied that child understands liability to punishment if evidence false—Understanding that wrong to tell lies insufficient—Oaths, Affirmations and Statutory Declarations Act s6.
        Java Johnson Beraro v The State [1988-89] PNGLR 562

47. Evidence—Of defendant—If given after defence witnesses weight may be reduced.
        Madeline Kiso v Angelo Manumanua [1981] PNGLR 507

48. Evidence—Defence case—Desirability of establishing at commencement of trial.
        The State v Stephen Isaac Awoda [1983] PNGLR 83

49. Evidence—Discretion to reject evidence unlawfully obtained—Distinguished from breach of fundamental right or freedom.
        John Alex v Martin Golu [1983] PNGLR 117

50. Evidence—Dying declarations—Admissibility—Religious beliefs of declarant irrelevant—Evidence Act s20.
        The State v Enny Bulen [1990] PNGLR 43

51. Evidence—Failure of accused to testify—Inferences available and weight thereof.
        Paulus Pawa v The State [1981] PNGLR 498

52. Evidence—Failure of accused to testify—Trial judge's observations on—Whether error of law.
        Biwa Geta v The State [1988-89] PNGLR 153

53. Evidence—"Fresh Evidence"—What constitutes.
        John Peng v The State [1982] PNGLR 331

54. Evidence—Handwriting—Comparison of—Expert evidence not essential—judge sitting alone to warn himself—Evidence Act 31.
        The State v Baine [1990] PNGLR 1

55. Evidence—Identification—Dangers to be borne in mind in accepting evidence of identification—Single witness—Relevant matters for consideration.
        The State v John Beng [1976] PNGLR 471 and [1977] PNGLR 115

56. Evidence—Identity—Of Deceased—Murder—Sufficiency of proof.
        The State v Stephen Isaac Awoda [1983] PNGLR 83

57. Evidence—Identification parade—Accused has option to participate—Whether police required to advise of option.
        The State v Kusap Kei Kuya [1983] PNGLR 263

58. Evidence—Identification—Sufficiency of evidence—Process of identification grossly unfair—Accused identified by police prompting when alone—conviction quashed.
        Michael Mini v The State [1987] PNGLR 224

59. Evidence—identification—Dangers inherent in—Relevant considerations—Whether trial judge required to enunciate—Whether relevantly critical appraisal of evidence sufficient.
        Biwa Geta v The State [1988-89] PNGLR 153

60. Evidence—Inadmissible evidence—Objections to—duty of counsel—duty of trial judge—On cross examination.
        Awoda v The State [1984] PNGLR 165

61. New trial—Miscarriage of justice—Fair trial—Test for—Appearance that trial not fair—Wife of judge associating with prosecutrix in rape trial—New trial ordered.
        Boateng v The State [1990] PNGLR 342

62. Evidence—Onus of proof—Presumption of innocence—Proof of facts peculiarly within knowledge of accused.
        SCR No 2 of 1980 [1981] PNGLR 50

63. Evidence—Onus of proof—Presumption of innocence—proof of facts peculiarly within knowledge of accused.
        SCR No 1 of 1980 [1981] PNGLR 2852

64. Evidence—Plea of guilty—Evidence of circumstances relevant to punishment—Hearsay evidence.
        Norris v The State [1979] PNGLR 605

65. Evidence—Res Gestae—Contemporaneous statements—Words screamed by victim at time of attack.
        The State v Briza [1976] PNGLR 517

66. Evidence—Record of interview—Admissibility—Absence of caution—Inadequate provision of constitutional rights.
        The State v Joseph Maino [1977] PNGLR 216

67. Evidence—Role of trial judge—When lack of evidence on particular topic—Notice of alibi given—No alibi evidence led—Judge should not ask questions—Criminal law—Evidence—Witnesses—False statements—Whether corroborative—Not to be substituted for affirmative evidence.
        The State v Vargi [1991] PNGLR 54

68. Evidence—Sexual offences—Corroboration—Where no evidence from victim—Victim young child—Mother giving direct evidence of what observed—Corroboration not required.
        The State v Sugueri Sipi [1987] PNGLR 357

69. Evidence—Similar fact evidence—Exclusion of—Must be evidence of accused—When otherwise admissible—Evidence of aborted robbery attempt admissible on robbery charge.
        The State v Daniel [1988-89] PNGLR 580

70. Evidence—certification—voice identification—methods of—when admissible.
        The State v Daniel [1988-89] PNGLR 580

71. Evidence—Witnesses—Spouse of accused—Joint trial—Evidence of spouse subject to.
        Wemp Mapa v The State [1979] PNGLR 135

72. Evidence—Witnesses—present in court—Weight of evidence may be reduced.
        Madeline Kiso v Angela Manumanua [1981] PNGLR 507

73. Evidence—Witnesses—Spouses—competence and compellability.
        SCR No 3 of 1985—The State v Uniss Kumagaip [1985] PNGLR 278

74. Evidence—age of offender—judging by physical appearance—Evidence Act, s63
        Anis and Others v The State (1999) SC642

Criminal—Particular Offences

1. Accessory after the fact—Definition of offence exclusive.
        The State v Roy Nana [1986] PNGLR 83

2. Adultery—Principles of offence—Necessary to prove valid marriage—Marriage by native custom.
        Idau Gabe v Meriam Griffin [1977] PNGLR 492

3. Adultery—Complainant—complaint brought by "nearest relative" in absence of aggrieved party.
        Anton Buka v John Lenny [1978] PNGLR 510

4. Assault—Provocation—Not available as defence.
        Freda Nup v Chris Hambuga [1984] PNGLR 206

5. Unlawful assault—Summary charge—provocation—Not a defence—Mitigating factors on sentence.
        Aipa Peter v James Kapriko [1984] PNGLR 179

6. Behaving in riotous manner—No allegations of noise, tumult, alarm or uproar—Carrying offensive weapons—Possible justification.
        Aika v Uremany and Manus [1976] PNGLR 607

7. Bigamy—Valid "Christian marriage—Subsequent customary marriage to another.
        The State v Boas Gugu [1981] PNGLR 5

8. Breaking and entering—"Without lawful excuse"—Meaning of.
        R v Kerry Kepo [1975] PNGLR 226

9. Breaking and entering with intent—Elements of offence—Alternative verdict—Breaking and entering without lawful excuse.
        R v Gahoso Simbane [1975] PNGLR 254

10. Breaking and entering with intent to commit a crime—Elements of offence.
        R v Mai [1975] PNGLR 230

11. Breaking and entering—Doctrine of recent possession.
        The State v Alpen Popo [1977] PNGLR 18

12. Break enter and steal—Conviction for stealing available as alternative.
        Tai Kenang v Simon Kasper [1984] PNGLR 102

13. Concealing birth of child—What is a "child"—Test of viability applied.
        The State v Meli Heti [1977] PNGLR 173

14. Concealing birth of child—Elements of defence.
        The State v Margaret Gara Torovel [1982] PNGLR 242

15. Conspiracy—co—conspirator—Evidence—Entry of nolle prosequi against co—conspirator—Undertaking not to prosecute given to co—conspirator—Whether other offender can be tried—Whether co—conspirator may give evidence against other offender—Nature of offence—Particular circumstances—Conspiracy to defraud government.
        The State v Tanedo [1975] PNGLR 395

16. Manslaughter—Dangerous driving causing death—"In a manner dangerous to the public"—Whether public includes passenger.
        R v Tango [1975] PNGLR 250

17. Dangerous driving causing death—Applicability of excusatory "defences"—Standard of driving, objective.
        R v Pius Piane [1975] PNGLR 52

18. Manslaughter—Dangerous driving causing death—Standard of negligence required.
        The State v John Koe [1976] PNGLR 562

19. Dangerous driving causing death—Proof required that dangerous driving on part of accused was a substantial cause of death but not sole substantial cause.
        The State v Elias Subang (No 2) [1976] PNGLR 179

20. Dangerous driving causing death—Elements of offence—Fault—Defences—Onus of proof—Onus on prosecution to exclude defence.
        The State v Delman Tami [1977] PNGLR 57

21. Dangerous driving cause death—Need to show accused's dangerous driving a cause of accident and something more than de minimis—Intervention by passenger after dangerous driving in rain.
        The State v Jim Jobago Ilvitaro [1977] PNGLR 249

22. Dangerous driving causing death—Circumstances where more severe penalties called for.
        The State v Alphonse Naulo Raphael [1979] PNGLR 47

23. Dangerous driving causing death—Need to distinguish between heedlessness and recklessness.
        Karo Gamoga v The State [1981] PNGLR 443

24. Disobeying lawful order issued by court—nature of proceedings—Onus of proof—Standard of proof—Lawful excuse.
        State v Kaputin (No.2) [1979] PNGLR 544

25. Encouraging commission of offence—Nature of offence—Matters of proof—Whether honest claim of right directly available as defence—Test when honest claim of right raised on evidence.
        Sebulon Wat v Kari (No 1) [1975] PNGLR 325; Sebulon Wat v Kari (No 2) [1975] PNGLR 339

26. Particular offences—Extortion by public officers—Elements of offence—Requires proof of bribery to perform duty of office—Does not apply to seeking extra emoluments—Criminal Code (Ch262), s88.
        The State v Peter Kiviri [1987] PNGLR 489

27. Particular offences—Failure by person summoned to attend Ombudsman Commission—Failure to attend "without reasonable excuse"—Onus of proof on person summoned—Balance of probabilities—Sufficiency of notice—Organic Law on the duties and responsibilities of Leadership.
        The State v Kathy Ramoi [1988-89] PNGLR 516

28. Particular offences—Failure by person summoned to attend Ombudsman—Failure to attend "without reasonable excuse"—What constitutes reasonable excuse—Absence from country—Knowledge in Commission of absence from jurisdiction—prior consent to date of attendance not required—organic law on duties and responsibilities of Leadership s31.
        The State v Gabriel Ramoi (No 2) [1990] PNGLR 136

29. False pretences—intent to defraud.
        Prosecutor's Request No 4 of 1974 [1975] PNGLR 365

30. False pretences—As to material existing facts—Inducement—Intent to defraud.
        Albert Alexander Age v The State [1979] PNGLR 589

31. Falsification of accounts by servant with intent to defraud—"Intent to defraud".
        The State v Asaoka Kouji of Rabaul [1976] PNGLR 292

32. False assumption of authority—Assuming powers of magistrate—Official of Warkurai Ni Gunan.
        The State v Akain Tomalom [1976] PNGLR 512

33. Fraudulent appropriation of power—Elements of offence.
        The State v Anthony Sim [1980] PNGLR 424

34. Grievous bodily harm with intent to prevent lawful arrest.
        Reference No 1 of 1976 [1976] PNGLR 377

35. Harbouring escaped prisoner—Elements of offence.
        The State v Kuri Wembra [1977] PNGLR 23

36. Harbouring escaped prisoner—Escapee awaiting trial.
        The State v Alan Bekau [1982] PNGLR 119

37. Improperly interfering with dead body—Cannibalism—"Improperly interfering".
        The State v Aubafo Feama [1978] PNGLR 301

38. Incest—Whether applies to father and daughter by customary adoption—Lineal descendent means of the blood-daughters by adoption or customary adoption excluded.
        Sangumu Wauta v The State [1978] PNGLR 326

39. Incest—Whether applies to father and adopted daughter—"Lineal descendant's" means "of the blood".
        The State v Misimb Kais [1978] PNGLR 241

40. Incest—"Sister" includes "half—sister".
        The State v Luke Aidou [1985] PNGLR 292

41. Judicial corruption—"Giving" benefit to magistrate.
        Robert Kaki Yabara v The State [1984] PNGLR 378

42. Kidnapping for ransom.
        The State v Kwalimu Goina [1982] PNGLR 112

43. Manslaughter—Unlawful killing—Using a dangerous thing—Criminal responsibility—Accused aged fourteen years—Test to be applied.
        R v Taperara [1975] PNGLR 9

44. Manslaughter—Criminal negligence—What amounts to—Causation of death—Substantial cause.
        The State v Andrew Amoy [1978] PNGLR 266.

45. Particular offences—Manslaughter by criminal negligence—Defence of accident not available—Criminal Code.
        Java Johnson Beraro v The State [1988-89] PNGLR 562

46. Particular offences—Manslaughter by criminal negligence—Standard of duty of care—Discussion of—Question of degree—Circumstances at time of act or omission relevant in answering—Consequences not relevant—Fatal shooting on hunting trip—Criminal Code s287.
        Java Johnson Beraro v The State [1988-89] PNGLR 562

47. Particular offences—Misappropriation of property—"A legal or equitable interest or claim to the property"—Requires proof of proprietary rights—Officer bearer of unincorporated association—Money held on condition of use for project—Nature of interest—Criminal Code (Ch262), s383A.
        The State v Gene [1991] PNGLR 33

48. Particular offences—Misappropriation of property—Dishonesty applies property belonging to another—Subjective proof of dishonesty—money paid by Government for specific projects—no evidence of how money spent—Offences proved—Sentence Criminal Code 9 Ch262, s383A.
        Brian Kindi Lawi v The State [1987] PNGLR 183

49. Murder—aiding in self defence—No knowledge of whether first assault provoked—Degree of force that for unprovoked assault—Tests to be applied.
        R v Kaiwor Ba [1975] PNGLR 90

50. Murder—Self defence—unprovoked assault—Tests to be applied—Belief on reasonable grounds that cannot otherwise preserve himself from death or grievous bodily harm.
        The State v Takip Paine of Dumbol [1976] PNGLR 90

51. Murder—Death caused by act done in prosecution of unlawful purpose, which act likely to endanger life—Violent assault upon deceased—Principles applicable.
        Joseph Maino v The State [1977] PNGLR 404 And [1977] PNGLR 216

52. Attempted murder—Intent as element of offence—Alternative count available—Advisability of joining alternative counts.
        The State v Wanape Warara [1977] PNGLR 458

53. Murder—victim dragged behind a stolen motor vehicle—s300 Criminal Code.
        State v Lahui [1992] PNGLR 325

54. Murder—Self defence—Provocation—Definition of.
        Tapea Kwapena v The State [1978] PNGLR 316

55. Murder—Self defence—Tests to be applied.
        Tape Kwapena v The State [1978] PNGLR 316

56. Murder and infanticide—Principal offender pleading to infanticide—Counsellor convicted of wilful murder.
        Imiyo Wamela v The State [1982] PNGLR 269

57. Murder—Whether defence of provocation available where murder reduced to manslaughter.
        Rosa Angitai v The State [1983] PNGLR 185

58. Particular offences—Attempted murder—Alternative verdict—Grievous bodily harm with intent not open.
        SCR No. 4 of 1984—The State v James Pah [1985] PNGLR 188

59. Particular offences—Murder—Intention to cause grievous bodily harm—Defence of justification—Application of proviso to all circumstances of justification—Whether open on facts—Criminal Code.
        The State v Laura (No 1) [1988-89] PNGLR 92

60. Murder—"Act" done in prosecution of unlawful purpose—Act and purpose must be distinct—Criminal Code (Ch262), s300(1)(a).
        Pasi v The State [1991] PNGLR 254

61. Murder—Alternative verdict—Manslaughter only available—Alternative charge of murder not open unless charged—Criminal Code (Ch262), s300(1)(a), s300(1)(b), s539(2).
        Pasi v The State [1991] PNGLR 254

62. Murder—Causation—Operating and substantial cause of death—Medical treatment prior to death—Whether normal treatment—Treatment not available at aid post—Death on arrival at next aid post—Whether death caused by wound—Criminal Code (Ch262), s297(1).
        The State v Aselin [1991] PNGLR 408

63. Murder—Defences—Provocation—Beating by husband—Retaliation with small knife in possession—Whether stab wound proportional to unarmed beating—Defence established—Criminal Code (Ch262), s269(1).
        The State v Aselin [1991] PNGLR 408

64. Particular offences—Murder—Defences—Self—defence—Extraordinary emergency—Police Constable in performance of duty—Belief that firearm about to be produced—One shot fired at legs—Self—defence not available under Code—Whether actions "reasonable in all circumstances in which he found himself"—Criminal Code (Ch262), s26, s269.
        The State v Joseph Ampi [1988] PNGLR 116

65. Particular offences—Mutiny—"Impeding" the performance of any duty or service in the Defence Force"—Ordinary meaning—Large number of soldiers demonstrating outside Parliament—Deliberate and active participation and support from officers—Officers as accessories—Defence Act—Criminal Code.
        The State v Albert Ugunnie [1988-89] PNGLR 101

66. Particular offences—official corruption—Non—judicial but relating to offences—"Corruptly" asking for or receiving benefit—"With a view to" protection of offender from punishment—Police officers in alleged entrapment role—Criminal Code s120.
        The State v Toamara [1988-89] PNGLR 118

67. Particular offences—official corruption—Elements of offence—need to prove corrupt use of office for gain—Criminal Code 9Ch no 262), s87.
        The State v Kirivi [1987] PNGLR 489

68. Particular offences—Official corruption—Elements of offence—Need to prove corrupt use of particular office for gain—Need to prove duty imposed by holding office—Criminal Code (Ch262), s87 (1) (a) and (b).
        The State v Waesa Mollo [1988] PNGLR 49

69. Particular offences—Official corruption—Separate charges of corruptly giving and corruptly receiving—Charges arising out of same facts—charges stand or fall together—Criminal Code (Ch262), s87 (1) (a) and (b).
        The State v Waesa Mollo [1988] PNGLR 49

70. Particular offences—Perjury—wilfully false statements to Commission of Inquiry—Whether offence perjury—Whether able to be prosecuted—Whether "offence under this Act"—Criminal Code (Ch262), s121—Commissions of Inquiry Act (Ch31), s13, s16, s19—Commissions of Inquiry Ordinance 1951, s16.
        Edward Ramu Diro v Reeve [1988] PNGLR 155

71. Particular offences—Attempt to "pervert' the course of justice—Requires evidence of attempt to turn aside course of justice—Acts having requisite tendency—Lay preacher writing to magistrate in course of proceeding—Criminal Code s136.
        The State v Geyame Kiliki [1990] PNGLR 216

72. Possession of forged currency—Lawful excuse as defence—Requires proof that lawfully obtained.
        The State v Magracia [1984] PNGLR 117

73. Rape—consent—Need for honest and reasonable belief in consent—Availability of intoxication as defence—Penetration.
        The State v John Kalabus [1977] PNGLR 87

74. Rape—consent—Whether absence of evidence of physical resistance amounts to consent—Prosecutrix aged about 11 years.
        The State v Birch [1978] PNGLR 79

75. Rape—consent—Fresh complaint as evidence of non consent.
        Birch v The State [1979] PNGLR 75

76. Particular offences—Rape—Consent—Revocation of consent—Conditional consent—Non—fulfilment of conditions implying revocation—Agreement to go to home of parents—Taken to deserted house—Implied consent revoked when safety withdrawn—Criminal Code s347.
        The State v Charles [1990] PNGLR 63

77. Particular offences—Rape—Defence of valid subsisting marriage—Sufficiency of evidence of—Criminal Code s347.
        Kaina v The State [1990] PNGLR 292

78. Particular offences—Rape—Evidence—Corroboration—Warning on uncorroborated evidence—Failure of judge to warn and record warning—Miscarriage of justice.
        Didei v The State [1990] PNGLR 458

79. Particular offences—Receiving stolen property—Elements of charge—Proof that property "stolen"—Sufficiency of—Inference from circumstances of acquisition—When available—Criminal Code (Ch262, s41).
        Zimbin David v Yapu David [1988] PNGLR 178

80. Sorcery—False accusations of sorcery—elements of offence.
        Arafa Uari v Haroharo Taurake [1976] PNGLR 337

81. Sorcery—Consequences of act of sorcery.
        The State v Noah Magou [1981] PNGLR 1

82. Stealing—elements of offence—Debt collecting business—Banking, drawing and disposal of proceeds of cheques.
        R v Jamieson [1975] PNGLR 216

83. Stealing—Stealing from a dwelling house—Original possession within dwelling house tortious only—Alternative verdict.
        R v Gahoso Simbane [1975] PNGLR 254

84. Stealing—Money received under a direction—Elements of offence—"Money"—"Direction"—Whether credit in bank account property a thing "capable of being stolen.
        John Kasaipwalova v The State [1977] PNGLR 257

85. Stealing of cheque—Proof of ownership of property not essential—"Owner" of property in cheque.
        Tom Amaiu v The State [1979] PNGLR 576

86. Stealing—Signing of cheque and depositing to personal account for unauthorised use.
        The State v Wilfred Timon Bai [1980] PNGLR 77

87. Stealing—Stealing as servant.
        The State v Gelam Koivaku [1986] PNGLR 217

88. Particular offences—"Treason:—"Treasonable crimes"—Distinction—Relevance to bail applications—Criminal Code—Constitution s42(6).
        The State v Tohian [1990] PNGLR 173

89. Unlawful carnal knowledge—Proof that girl under 16 years of age—Sufficiency of proof of age—No written records available.
        The State v Hayden [1976] PNGLR 509

90. Unlawful carnal knowledge—Defence—Belief on reasonable grounds that girl of or over the age of 16 years.
        State v Leo Nimo [1980] PNGLR 129

91. Unlawful carnal knowledge—Defence—Belief on reasonable grounds that girl of or over the age of sixteen years.
        The State v Kami Pongua [1980] PNGLR 41

92. Unlawful confinement—circumstances rendering confinement unlawful.
        R v Edison Kopada Besia [1975] PNGLR 74

93. Unlawful killing—duty of persons in charge of dangerous thing—Criminal responsibility.
        The State v Mathew Marut [1979] PNGLR 181

94. Unlawful killing—Provocation as defence—words provocative.
        The State v Marawa Kanaio [1979] PNGLR 319

95. Unlawful killing—Provocation as defence—Whether available as absolute defence—"Offence of which an assault is an element".
        The State v Saikoro Norman [1979] PNGLR 599

96. Unlawful killing—Provocation as defence—Whether provocation available as complete defence.
        Plar No.1 of 1980 [1980] PNGLR 326

97. Unlawful killing—Murder—"Provocation" as defence—Effective only to reduce murder to manslaughter.
        The State v Tendi Kalio ulo of Ladulam [1980] PNGLR 350

98. Unlawful killing—"Provocation"—Whether need for retaliation to be reasonably proportionate to provocation.
        The State v Inawai Moroi [1981] PNGLR 132

99. Unlawful wounding—Intrude in house—No assault or threat of assault—Defences available.
        The State v Angela Colis Towavik [1981] PNGLR 140

100. Wilful murder—Alternative verdicts.
        Porewa Wani v The State [1979] PNGLR 593

Criminal Practice and Procedure

1. Practice and procedure—Abuse of the process of the court—Charge of fraudulent false accounting—Accused previously charged with stealing as public servant and discharged upon that indictment on presentment of nolle prosequi—Both charges based on one incident.
        The State v Peter Painke (No. 2) [1977] PNGLR 141

2. Practice and procedure—Accused giving sworn statement at committal proceedings—Whether cross—examination permissible.
        The State v Nagiri Topowa [1980] PNGLR 18

3. Practice and procedure—Acquittal—What constitutes—Accused must plead to indictment before acquittal founded.
        SCR No 5 of 1987; Re Central Banking (Foreign Exchange and Gold) Regulations (Ch138) [1987] PNGLR 433

4. Practice and procedure—Application for adjournment of trial—Denial of right to "fair hearing within reasonable time".
        The State v Peter Painke [1976] PNGLR 210

5. Practice and procedure—Notice of alibi—No alibi evidence led—Status of notice of alibi—Criminal Practice Rules 1987, O4, Div 2.
        The State v Vargi [1991] PNGLR 4

6. Practice and procedure—Leave to adduce alibi evidence—Where prescribed notice not given—Discretion to admit—Relevant considerations—Constitutional rights to fair trial etc—Weighing of prejudice to accused and justice—State case concluded—Leave granted—Criminal Practice Rules 1987, O4, r4.
        The State v Robert Wer [1988-89] PNGLR 444

7. Practice and procedure—Allocutus—Right to address on sentence after conviction not given—Effect of failure to administer allocutus.
        Agiru Aiene v Tahain [1978] PNGLR 37

8. Practice and procedure—allocutus—Statements conflicting with answers to questions put on arraignment—Setting aside conviction after plea of guilty and conviction.
        Gabriel Laku v The State [1981] PNGLR 350

9. Practice and procedure—Alternative verdicts—Where plea of guilty changed to plea of not guilty—Plea to lesser charge available only on re-arraignment.
        Dinge Damane v The State [1991] PNGLR 244

10. Practice and procedure—"Arrest"—"Detain"—Constitutional rights of person arrested or detained—person "arrested to be informed of all rights under s42 (2)—Person "detained" to be informed of rights under s42 (2) (a) only—Person arrested to be allowed to exercise rights genuinely and without hindrance—constitution, s42.
        SCR No 5 of 1987; The State v Songke Mai [1988] PNGLR 56

11. Practice and procedure—Arrest—Arrest without warrant—Official corruption—Bribing police officer—Criminal Code requiring warrant for arrest—later provision in Arrest Act providing for arrest without warrant—Implied repeal of earlier enactment—Arrest Act—Criminal Code s87.
        The State v Kiap Bonga [1988-89] PNGLR 360

12. Practice and procedure—Bail application—Following committal for trial—Treasonable crime—Constitutional right to bail—Interests of justice—Grounds for refusing—Sufficiency of evidence—Constitution, s42(6)—Bail Act (Ch3400, s9(1), (2).
        The State v Tohian [1990] PNGLR 173

13. Practice and procedure—Bail application—Notice of—Power to dispense with—unrepresented remandee appropriate case—Criminal practice Rules 1987, O1, r11, r12.
        The State v Mene Mamaino [1990] PNGLR 185

14. Practice and procedure—Bail application—Pending appeal—Exceptional circumstances—Member of parliament—Electorate responsibilities not exceptional—Bail Act s11.
        Yaki v The State [1990] PNGLR 513

15. Practice and procedure—bail application—pending appeal—proper procedure when application refused—Fresh application to full Supreme Court—Supreme Court Act s10.
        Yaki v The State [1990] PNGLR 513

16. Practice and procedure—bench warrant—Committal by District Court—Failure to appear in National Court—When "proceedings" commenced before court—Proceedings commence when due to answer bail—Warrant may issue on failure to answer to bail or after indictment presented—Arrest Act s10—Criminal Practice Rules 1987, O3, r10.
        Gawi v The State [1990] PNGLR 88

17. Practice and procedure—Bench warrant—Where breach of condition of bail—Where "proceedings" commenced before court—Proceedings may commence with laying of information in District Court—Warrant may issue on presentation of indictment or of information laid—Arrest s10.
        The State v Gawi [1988-89] PNGLR 1184

18. Practice and procedure—Committal proceedings—Hand—up—brief procedure—Right to cross—examine witnesses on.
        Philip Nagira v Besasparis [1986] PNGLR 199

19. Practice and procedure—Committal proceedings—Constitutional reference—Committing magistrate not exempt from considering—Constitution, s1892.
        Tohian v Geita [1990] PNGLR 479

20. Practice and procedure—Committal proceedings—Control over by superior court—Discussion of.
        Tohian v Geita [1990] PNGLR 353

21. Practice and procedure—Constitutional rights of persons arrested or detained—Right to contact lawyer of choice—Expression of desire to exercise rights—Unsuccessful attempt to contact lawyer "after hours"—Failure to suspend record of interview—Whether all practicable steps taken—Constitution, s42(2) 9B0.
        The State v Anis [1990] PNGLR 239

22. Practice and procedure—costs—Costs of appeal to National Court—Costs in discretion of court.
        Wissman v Collector of Customs [1977] PNGLR 324

23. Practice and procedure—Criminal Code—Citations from U.K. and non-code States to be avoided.
        The State v Laiam Kiala and Meiri Gomosi [1977] PNGLR 470

24. Practice and procedure—application for discharge—Failure "to be brought to his trial".
        The State v Frank Taso Yasim [1983] PNGLR 111

25. Practice and procedure—Application for discharge—Failure to be brought to trial—Failure to present indictment "at the end of the sittings next following the application"—Entitlement to discharge arises on non presentment of indictment at sittings" next following Discharge may be ordered at any subsequent sittings—Criminal Code 9Ch No 2620, s552 (2), (4).
        The State v John Nuki Yamai [1987] PNGLR 314

26. Practice and procedure—Disclosure of defence—Trial judge may not occur—Trial judge may request.
        Awoda v The State [1984] PNGLR 165

27. Practice and procedure—Hearing in absence of accused—Voluntary absence may be consent.
        Thomas Kavali v Thomas Hoihoi [1984] PNGLR 182

28. Practice and procedure—Hearing in presence of accused—Constitutional right to—Scope of.
        Thomas Kavali v Thomas Hoihoi [1986] PNGLR 329

29. Practice and procedure—Indictment—whether can be amended after submission of no case to answer made.
        The State v Tanedo [1975] PNGLR 395

30. Practice and procedure—Indictments—Indictments to be presented in the name of "the State".
        The State v Mogo Wonom [1975] PNGLR 311

31. Practice and procedure—Indictments—Joinder of counts—Single accused—Same or closely related facts—Prosecution of single purpose—Misjoinder not rendering trial a nullity.
        Wari Mugining v The Queen [1975] PNGLR 352

32. Practice and procedure—Indictments—Joinder of counts—Two counts of manslaughter—Offences constituted by same acts or series of acts.
        The State v Elias Subang (No.1) [1976] PNGLR 141

33. Practice and procedure—Indictment—Averments—Allegation that offence committed "on or about (the date)"—Date not material unless essential part of offence.
        The State v Titova Fineko [1978] PNGLR 262

34. Practice and procedure—Indictments—Offences arising substantially out of same "facts" or out of closely related facts.
        John Rul Nabil v The State [1979] PNGLR 88

35. Practice and procedure—Indictments—Plurality of—Refusal to commit by magistrate after committal proceedings.
        Smedley v State [1980] PNGLR 379

36. Practice and procedure—Indictments—Amendment of—Generally not to be amended after close of defence case.
        Simili Kara v The State [1984] PNGLR 254

37. Practice and procedure—Indictments—Circumstances of aggravation—Misappropriation—Need to charge matters of aggravation.
        The State v Miseal Butemo Jiregari [1984] PNGLR 62

38. Practice and procedure—Indictments—Amendment of—After close of addresses.
        The State v Gelam Koivaku [1986] PNGLR 217

39. Practice and procedure—indictment—Application to quash—Right to make proper application—Refusal of proper application is error of law—Criminal Code s558.
        Sapau v The State [1990] PNGLR 302

40. Practice and procedure—Indictments—Amendment of—At trial—Where variance between indictment and evidence—Whether "material to merits of case"—Whether prejudice to accused—Misappropriation of property—Rights to property defectively charged—Amendment after case closed not allowed—Criminal Code (Ch262), s535.
        The State v Gene [1991] PNGLR 33

41. Practice and procedure—Indictments—Murder—Alternative charges may be made—Alternative verdict for murder not available unless charged—Criminal Code (Ch262), s300(1)(a), s300(1)(b), s539(2).
        Pasi v The State [1991] PNGLR 254

42. Practice and procedure—Indictments—Public Prosecutor's indictment signed by State Prosecutor—Information ordered to be withdrawn—No refusal to commit for trial—Whether refusal to commit is a pre—requisite to signature and presentation of indictment pursuant to s526(1) of Criminal Code.
        The State v Burege (No 1) [1992] PNGLR 481

43. Practice and procedure—indictments—laying of—Role of State prosecutor—Role of trial judge—Plea bargaining—Discussion of.
        The State v Jack Gola [1990] PNGLR 206

44. Practice and procedure—Information and indictment—Single course of criminal conduct—Duty to law charge for most serious provable offence constituted by facts
        Michael Simi and Others v John Bayam [1980] PNGLR 300

45. Practice and procedure—Information—Who may lay—Police Officer may lay unless right taken away from statute.
        Thomas Kavali v Thomas Hoihoi [1984] PNGLR 182

46. Practice and procedure—Informations—Variance between words used and section under which charge created—Words to prevail.
        John Worofang v Patrick Wallace [1984] PNGLR 144

47. Practice and procedure—information and complaints—Duplicity—Complaint in local court may be bad for—local Courts Act (Ch40).
        Hure Vebubu v Nelly Maleva [1987] PNGLR 87

48. Practice and procedure—Information—leave to present—Application by Public Prosecutor—Respondents committed for trial but discharged when failure to present indictment—Application incompetent—Application reserved for private prosecutions—When appropriate—To whom application to be made—Criminal Code (Ch262), s552(4), s616—Constitution, s37(3).
        Public Prosecutor v Lindsay Kivia [1988] PNGLR 107 & 256

49. Procedure—District Court information—Procedure to be followed when defendant present—When plea of not guilty should be entered—When magistrate entitled question accused.
        Gaigo Kakore v Sing [1975] PNGLR 104

50. Practice and procedure—joint trial—Power to order separate trials.
        Wemp Mapa v The State [1979] PNGLR 135

51. Practice and procedure—Joint trials on separate indictments.
        The State v Leo Nimo [1980] PNGLR 129

52. Practice and procedure—joint trials on separate indictments—Where one indictment charging murder—Joint trials prohibited.
        The State v Gibson Tamean [1985] PNGLR 346

53. Practice and procedure—Legal representation of accused—right to defence "counsel of his choice".
        In Re Joseph Mavuk [1980] PNGLR 507

54. Practice and procedure—Submission of no case to answer—Meaning of.
        State v Aige Kola [1979] PNGLR 620

55. Practice and procedure—Submission of no case to answer—Whether unsafe and dangerous to convict.
        The State v Tom Morris [1981] PNGLR 493

56. Practice and procedure—submission of no case to answer—Determination of proof beyond reasonable doubt not to be made on.
        The State v Delga Puri and Tapri Maip [1982] PNGLR 395

57. Practice and procedure—Submission of no case to answer—Meaning of.
        The State v Roka Rep (No. 2) [1983] PNGLR 287

58. Practice and procedure—Submission of no case to answer—Question of law for judge.
        The State v Roka Pep [1983] PNGLR 19

59. Practice and procedure—No case submission—Defences—Compulsion—Cannot be raised—matter for defence evidence—Criminal Code (Ch262), s32.
        The State v Gigere Undamu [1990] PNGLR 151

60. Practice and procedure—Submission of no case to answer—Meaning of.
        The State v Paul Kundi Rape [1976] PNGLR 96

61. Practice and Procedure—Presentment of nolle prosequi—Whether abuse of process of court—Intention to present further indictment, effect of.
        The State v Peter Painke [1976] PNGLR 210

62. Practice and procedure—Trial—Nolle prosequi entered—Discharge of accused—Not "a person convicted"—No right of appeal.
        Aku Singgi v The State [1985] PNGLR 260

63. Practice and procedure—Non compliance with Act and Rules—Power to waive compliance—notice—bail application—Unrepresented remandee appropriate case—Criminal practice Rules 1987, O1, r11, r12.
        The State v Mene Mamaino [1990] PNGLR 185

64. Practice and procedure—Plea—Application to enter plea of not guilty—When application should be made—Power to enter plea within discretion of Court.
        Nai'i Limagwe v The State [1976] PNGLR 382

65. Practice and procedure—Plea of guilty on charge of wilful murder—Mandatory sentence of life imprisonment—Procedure to be adopted by counsel for the accused.
        The State v Manga Kinjip [1976] PNGLR 382

66. Practice and procedure—Pleas—Plea of guilty—Whether improperly entered—District Court—Unrepresented defendants—Statement of facts not disclosing offence.
        Agiru Aieni v Tahain [1978] PNGLR 37

67. Practice and procedure—Plea of guilty—Practice of putting depositions piece by piece to accused.
        Public Prosecutor v Sima Kone [1979] PNGLR 294

68. Practice and procedure—Plea of guilty—Version of facts upon which court to act.
        Koniel Alar v The State [1979] PNGLR 300

69. Practice and procedure—Pleas—Plea of guilty—When plea of guilty may be rejected and plea of not guilty entered—Power to change plea after allocutus administered but before sentence.
        The State v Joe Ivoro and Gemora Yavura [1980] PNGLR 1

70. Practice and procedure—Pleas—Plea of not guilty—Power of court to enter—Plea of guilty—Depositions read—no application from lawyer to change plea—court has discretionary power—Failure to enter plea of not guilty may be breach of Constitutional rights—Constitution, s37(1), s57, s155(4), s158(2).
        The State v Sari [1990] PNGLR 48

71. Practice and procedure—On plea of guilty—Where not supported by depositions—Plea of not guilty to be recorded—Trial before another judge required.
        Dinge Damane v The State [1991] PNGLR 244

72. Practice procedure—Plea of guilty—Not "admission" of any fact—Accused has option of admitting facts—Criminal code (Ch262), s589.
        The State v Jeoff Ipata [1988] PNGLR 34

73. Practice and procedure—"Proof of guilt"—"According to law"—Evidence relevant to—Admission of—Constitution, 37.
        The State v Misari Warun [1988-89] PNGLR 327

74. Practice and procedure—Course of trial—Prosecution—duty to elicit all facts—where defendant unrepresented.
        Steven Loho v Michael Hambindua [1985] PNGLR 286

75. Practice and procedure—Prosecutor relation to victim—may prosecute if not to be called as witness.
        Fidelis Agai v Buckly Yarume [1987] PNGLR 214

76. Practice and procedure—Prosecution of proceedings—Nolle prosequi—Power to reject—Where abuse of process—Where infringement of human rights—Constitution, s57.
        The State v Aigal [1990] PNGLR 318

77. Practice and procedure—Reservation of question of law—Whether adjournment of trial pending decision required.
        The State v Tanedo [1975] PNGLR 395

78. Practice and procedure—Search warrants—When required—Not required where "immediate pursuit"—"Immediate pursuit" equivalent to "hot pursuit"—Search Act (Ch341), s5(5), s6(1).
        The State v James Bero Popo [1987] PNGLR 286

79. Practice and procedure—Search—power to search where person intending to board craft—Not applicable where person on board—Power to search where reasonable suspicion of possession of property—No power to search particular villagers—Search Act s1, s4, s5.
        The State v Benny Buen Iga [1990] PNGLR 146

80. Practice and procedure—Search warrants—For building (not in village)—By whom information to be sworn—Evidence on information—Search Act s6.
        Acting Public Prosecutor v Richard Saronduo [1988-89] PNGLR 17

81. Practice and procedure—Service—Summons to attend Ombudsman Commission—No notice prescribed—Three days notice applicable—Discretion to abridge if purpose not defeated—Organic Law on the duties and Responsibilities of Leadership—District Courts Act s47—National Court Rules, O4, r44.
        The State v Kathy Ramoi [1988-89] PNGLR 516

82. Practice and procedure—Offences which may be dealt with summarily by Grade V Magistrate—Power to elect vested exclusively in Public Prosecutor—Information to proceed by way of committal unless election made.
        The State v Principal, District Court, Port Moresby Ex Parte Public Prosecutor [1983] PNGLR 43

83. Practice and procedure—Trial within reasonable time—Charge of wilful murder—No hearing after eleven months.
        The State v Peter Kakam Borarae [1984] PNGLR 99

84. Practice and procedure—Unlawful and unreasonable detention—What constitutes—Committed person held 17 months—No committal papers—No records held—Detention unlawful—Order for release from custody—Prohibition on further proceedings—Constitution.
        Re: Yanepa [1988-89] PNGLR 166

85. Practice and procedure—Vacating sentence—Power to vary sentence before circuit closed.
        The State v Kaupa Ungi [1980] PNGLR 199

86. Practice and procedure—Vacating sentence—Power to vary sentence before circuit closed.
        The State v Miseal Butemo Jiregari [1984] PNGLR 62

87. Practice and procedure—View—Matter for tribunal of fact—Failure to take view (though not asked for) not valid ground of appeal.
        Wieden v Bogunu Di'i [1976] PNGLR 101

88. Practice and procedure—Warrant of arrest—Where "proceedings commenced before" court.
        The State v Emmanuel Kaliloboa [1986] PNGLR 143

89. Practice and procedure—Whether accused may stand trial other than from dock—Whether right or indulgence.
        The State v Allan Woila (No.2) [1978] PNGLR 113

90. Practice and procedure—Witnesses—Control of court over—Questioning by judge—Right of judges.
        The State v Birch [1978] PNGLR 79

91. Practice and procedure—Witnesses—Control of court over—Questioning by trial judge.
        Birch v The State [1979] PNGLR 75

92. Practice and procedure—Witnesses—Hostile witnesses—Means of establishing.
        John Jaminan v The State [1983] PNGLR 318

Criminal Sentence

1. Sentence—Cumulative sentence—General principles—Unlawfully inflicting grievous bodily harm—Assault with intent to rape.
        Wari Mugining v The Queen [1975] PNGLR 352

2. Sentence—Powers of appellate court—Appeal not hearing de novo—Behaving in riotous manner—Parity of sentence.
        Babi Pim v Akano [1975] PNGLR 460

3. Sentence—Principles of sentencing—Principle that maximum penalty to be reserved for worst type of offences—Minor traffic offence—first offence.
        Aruru Antar v Pius Nime [1975] PNGLR 296

4. Sentence—Relevant considerations on appeal—Matters of condemnation only referred to in judgment on sentence.
        Kemai v Symonds [1975] PNGLR 81

5. Sentence—Inadequacy—Evidence on appeal—Court records not before sentencing judge—Whether "fresh evidence"—Principles applicable discussed and previous decisions doubted.
        Public Prosecutor v John Aia of Mondo [1978] PNGLR 224

6. Sentence—Plea of guilty—"Most favourable version of facts" doctrine.
        Public Prosecutor v Tom Ake [1978] PNGLR 469

7. Sentence—Maximum sentence prescribed—circumstances In which maximum sentence maybe imposed.
        Agiru Aieni v Tahain [1978] PNGLR 37

8. Sentence—Relevant considerations—Inferior courts.
        Cornish v Kwago Like [1978] PNGLR 56

9. Sentence—Fresh evidence sought to be adduced—Principles—No exceptional circumstances.
        John Rumet Kaputin v The State [1979] PNGLR 559

10. Sentence—3 summary charges—Single course of criminal conduct.
        Michael Simi & Os v John Bayam [1980] PNGLR 300

11. Sentence—Maximum sentence prescribed—Prevalent offence—Close to maximum penalty reserved for bad or serious cases.
        John Tolna v Paul Ari [1980] PNGLR 23

12. Sentencing—Payment of compensation as punishment.
        The State v Tendi Kaliu Ulo of Ladulam [1980] PNGLR 350

13. Sentence—appeal against inadequacy—Delay in bringing appeal relevant consideration.
        Acting Public Prosecutor v Joe Kovea Mailai [1981] PNGLR 258

14. Sentence—Right to "appeal" against sentence—"Review" of sentence—Out of time.
        Avia Aihi v The State [1981] PNGLR 81

15. Sentence—Time in which to appeal—time to run from imposition of suspended sentence.
        Albert Nawara v Robert Karo [1981] PNGLR 125

16. Sentencing—taking other offences into account—Principles applicable.
        Acting Public Prosecutor v Andrew Amona Yongga [1981] PNGLR 314

17. Sentence—Particular offences—Escape from detention—Period at large irrelevant—cumulative or concurrent.
        The State v Aur Sivi [1981] PNGLR 514

18. Sentence—Suspended sentence—Good behaviour bond—Breach of bond.
        Albert Nawara v Robert Karo [1981] PNGLR 125

19. Sentence—Suspending portion of term of imprisonment.
        Public Prosecutor v Thomas Vola [1981] PNGLR 412

20. Sentence—Youthful first offenders—Prevalent and serious offence
        Acting Public Prosecutor v Joe Kovea Mailai [1981] PNGLR 258

21. Sentence—Disparity co—accused—need for sentences to be comparable.
        Imiyo Wamela v The State [1982] PNGLR 357

22. Sentence—Crime of violence—co—accused not proceeded against.
        Public Prosecutor v Michael Wunamp Ngudomp [1982] PNGLR 357

23. Sentence—Matters of aggravation—Need to prove matters of aggravation—version of facts upon which court to act.
        Imiyo Wamela v The State [1982] PNGLR 269

24. Sentence—When near maximum sentence appropriate.
        Lucas Nep Kororo v Moses Jaruka [1983] PNGLR 392

25. Sentence—Maximum penalty provisions—Effect of.
        The State v Danny Sunu [1983] PNGLR 396

26. Sentence—Offences dealt with summarily by Grade V Magistrate—Schedule 1A penalties only applicable.
        Sai Isara v Jonathan Klei [1983] PNGLR 217

27. Sentence—Offences dealt with summarily by Grade V Magistrates—Schedule 1A penalties only applicable.
        Lucas Nep Kororo v Moses Jaruka [1983] PNGLR 392

28. Sentence—Series of offences—Cumulative and concurrent sentences in default of payment of fines—Offences under Motor Traffic Act.
        Ando Kenene v Gabriel Samon [1983] PNGLR 179

29. Sentencing—Minor offences—Maximum to be reserved for worst kind of offence.
        Fleming v Gwale Dau [1983] PNGLR 339

30. Sentence—Concurrent or cumulative—Default sentences—Rules applicable to default sentences.
        Re Sebastian Loke Nuli [1984] PNGLR 55

31. Sentence—Default penalty—Imposition of maximum fine—Fine is sentence.
        SCR No. 1 of 1984—Re Default Penalties [1984] PNGLR 418

32. Sentence—Time spend in custody awaiting trial—No power to deduct from minimum penalty.
        The State v Mathew Peters [1984] PNGLR 387

33. Sentencing—Relevant considerations—Deducting pre—trial custody period.
        Orosa Pogu v The State [1986] PNGLR 203

34. Sentence—Infants and children—Offence punishable by life imprisonment—power of court—Child Welfare Act (Ch276), s32(4)—Criminal Code (Ch262), s19—Constitution, s155(4).
        The State v S [1987] PNGLR 271

35. Sentence—Plea of guilty—Version of facts upon which court to act—where divergence not raised court entitled to act on State version—Procedure where divergence.
        Peremai Naroi v The State [1987] PNGLR 293

36. Sentence—Relevant matters—plea of guilty to test principle—Where genuine—discounting of sentence as on plea of guilty permitted.
        The State v Albert Monja [1987] PNGLR 447

37. Sentence—Suspended sentence—When appropriate—in interests of community—Where serious offence—Good character—Principles generally.
        The State v Frank Kagai [1987] PNGLR 320 [1987] PNGLR 320

38. Sentence—Youthful first offenders—imprisonment as last resort—Alternatives to be investigated—Pre—sentence reporting.
        Kuri Willie v The State [1987] PNGLR 298

39. Sentence—Relevant considerations—Belief in power of sorcery—Not to be taken into account—Customs Recognition Act (Ch19), s4(3)—Sorcery Act (Ch274).
        The State v Osborn Kwayawako [1987] PNGLR 298

40. Sentence—Relevant considerations—Intoxication—Not mitigating factor.
        Kesino Apo v The State [1988] PNGLR 182

41. Sentence—Jointly charged offences—Cumulative sentences—Totality approach—Whether just and appropriate—Relevant considerations—Maximum penalties—Prevailing community perceptions of relative seriousness—General sentencing ranges—Totality of criminal behaviour.
        Mase v The State [1991] PNGLR 88

42. Sentencing—Imprisonment—Suspended sentence—Terms and conditions of—Young first offender—Good character and family support—Home imprisonment—Payment of probation expenses—Compensation to victim.
        The State v Nyama [1991] PNGLR 127

43. Sentence—Dishonesty offences—Persons in position of trust—Guidelines—Appropriate tariffs.
        Wellington Belawa v The State

44. Sentence—Relevant considerations—Customary compensation—Not substitute for punishment—Relevant only on mitigation.
        The State v Rex Lilu [1988-89] PNGLR 449

45. Sentence—On plea of guilty—Use of depositions for purpose of sentencing.
        The State v Sabarina Yakal [1988-89] PNGLR 129

46. Sentence—Allocutus—Statutory provision for—Common law principles not applicable—Allegations of police brutality raised—Relevance to sentence—breaches of Constitutional Rights—Enforcement of by reduction in sentence—Ad hoc rules formulated—To be proved as facts—Four days' notice required—Criminal Code, s593—Constitution, s36(1), s37(17), s57(1), s58, s185.
        The State v Bafe Quati [1990] PNGLR 57

47. Sentence—Proper approach—By Supreme Court on appeal—Use of guidelines—Sentencing tariffs from other jurisdictions—Use of.
        Rex Lialu v The State [1990] PNGLR 487

48. Sentence—Relevant considerations—Belief in power of sorcery—May be taken into account in mitigation—Sorcery Act s5.
        Kwayawako v The State [1990] PNGLR 6

49. Sentencing—Sentencing policies concurred in by magistrates—Relevance and effectiveness of—Policy of rigid scale of minimum penalties improper.
        Guje Beng v Kombel [1975] PNGLR 49

50. Sentencing—Summary offences—Prescribed minimum penalty—Discretionary dispostive powers of court still available.
        Laho Kerekere v Robin Miria [1983] PNGLR 277

51. Sentencing—Summary offences—Prescribed minimum penalty—Discretionary dispostive powers still available.
        Henry Tuk v Gori [1983] PNGLR 420

52. Sentence—Minimum penalty provisions—Offender between 16 and 21 years—Indictable offence—Triable summarily—Minimum penalty provisions mandatory.
        John Worofang v Patrick Wallace [1984] PNGLR 144

53. Sentencing—Minimum penalties—Validity of legislation.
        SCR No. 1 of 1984—Re Minimum Penalties Legislation [1984] PNGLR 314

54. Sentencing—Minimum penalty prescribed—Discretion to impose fine—Fine inadequate—minimum penalty provision applicable.
        Peter Kekai v Munagum [1984] PNGLR 5

55. Sentencing—Minimum penalties—Summary proceedings before Grade V Magistrates—Confined to penalties in Criminal Code.
        SCR No. 4 of 19985—Omaro Garo v The Police [1985] PNGLR 320

56. Sentence—Minimum penalty provision—Offender between sixteen and twenty—one years—Court exercising powers of Children's Court—Exemption from applying minimum penalties legislation.
        SCR No. 1 of 1985—Inakambi Singorom v John Kalaut [1985] PNGLR 238

57. Sentence—National Court—Offender between sixteen and twenty—one years—Offence attracting minimum penalties legislation—Sentencing powers of children's Court available at discretion of National court.
        The State v Sebastian Akuta Rapi [1985] PNGLR 23

58. Sentencing—Effect of changes in law—Minimum penalties legislation.
        Baiza Tadu Avona v The State [1986] PNGLR 148

59. Sentence in arson offences—Matters to be considered—Burning of a building putting lives at risk more serious.
        The State v Yomb [1992] PNGLR 261

60. Bigamy—Offence under Criminal Code Act Ch.262—Sentences—No standard sentences—Non—custodial sentence necessary unless contrary circumstances exist.
        State v Robinson [1992] PNGLR 205

61. Sentence—Inadequacy of sentence—General deterrent—Breaking and entering without lawful excuse.
        Public Prosecutor v Wiwi Gok [1977] PNGLR 161

62. Sentence—Youthful first offenders—Relevant considerations—break, enter and stealing—Need to show sentence manifestly excessive.
        Paulus Mandatititip v State [1978] PNGLR 128

63. Sentence—Youthful first offenders—break, enter and steal—Prevalent and serious offence.
        Public Prosecutor v Joe Mailai [1981] PNGLR 258

64. Sentences—Concurrent or cumulative—Break and enter and steal with violence—Abduction and rape—Offences relating to rape to be dealt with concurrently—Total sentences for rape cumulative on sentence for stealing with violence.
        The State v Michael Amuna Koupa [1987] PNGLR 208

65. Sentence—Improperly interfering with dead body—Cannibalism.
        State v Aubafo Feama [1978] PNGLR 301

66. Sentencing—principles generally—Contempt—Supreme Court—No immunity from punishment—Imprisonment appropriate for serious contempt.
        Public Prosecutor v Nahau Rooney (No. 2) [1979] PNGLR 544

67. Sentence—Inadequacy of sentence—Dangerous driving causing death—Number of deaths may be considered as factor in sentencing.
        Public Prosecutor v Wiwi Gok [1977] PNGLR 165

68. Sentencing—Principles of—Dangerous driving causing death—Sentence of imprisonment except in exceptional circumstances.
        Public Prosecutor v Sima Kone [1979] PNGLR 294

69. Sentencing—Particular offences—Driving offences—Dangerous driving causing grievous bodily harm—When dealt with summarily—Magistrate's powers limited to Sch2 sentence—No power to disqualify from driving—Whether "convicted on indictment"—Criminal Code (Ch262), s19, s330(2), s420, Sch2.
        The State v Kenny Lau [1990] PNGLR 191

70. Sentence—appeal against severity—Disobeying lawful order of court—Consent order of National Court—company Secretary ordered to make good company's default as to returns.
        John Rumet Kaputin v The State [1979] PNGLR 559

71. Sentence—Appeal against inadequacy—Driving under influence—Third offence—total punitive effect.
        Public Prosecutor v Barry Holloway [1981] PNGLR 482

72. Sentence—Obtaining goods by false pretences—Administrative Secretary of Province—Plea of not guilty—Restitution tainted by dishonesty—Amount appropriated K1,979.
        Wellington Belawa v The State [1988-89] PNGLR 496

73. Sentence—Appeal against inadequacy—forging and uttering—head sentence of five years—Suspension of nine—tenths of sentence quashed.
        Public Prosecutor v Tardrew [1986] PNGLR 91

74. Sentence—Incest—rationale of offence—Mitigating factors personal to accused.
        The State v M.K.B. [1976] PNGLR 197

75. Sentence—Incest—Accused with sole care of children—Evidence of custom.
        Public Prosecutor v Vangu'u Ame [1983] PNGLR 424

76. Sentence—Incest—Accused aged 50 years—Victim aged 15 years—Pregnancy resulting—Death of child at two months—Plea of guilty—Sentence of seven years in light labour—Criminal Code s223.
        The State v Mitige Neheya [1988-89] PNGLR 174

77. Sentence—Inadequacy of sentence—Entry of plea of plea of guilty—On depositions offence of manslaughter clearly raised—Conviction treated as one for manslaughter on sentence by trial judge.
        Public Prosecutor v Yapuna Kaso [1977] PNGLR 209

78. Sentence—Doing act for purpose of aiding unlawful killing—relevance of sentencing patterns in homicide cases.
        Mauwe Antape v The State [1981] PNGLR 68

79. Sentence—Customary compensation—Relevance in homicide cases.
        Acting Public Prosecutor v Nitak Mangilonder Taganis [1982] PNGLR 299

80. Sentence—Customary compensation—Relevance to penalty—Manslaughter charge.
        The State v Robert Kupara [1985] PNGLR 312

81. Sentence—Unlawful killing—Assault on wife—Death from ruptured spleen.
        The State v Horou Posu Kave [1986] PNGLR 305

82. Sentence—manslaughter—plea of guilty at close of prosecution case—Accused not main perpetrators—Degree of culpability—Relevance of—Suspended sentence—Appropriateness of—Sentences of three years with 18 months suspended on entering into five year good behaviour bond.
        The State v Morobet Awui Koma [1987] PNGLR 262

83. Sentence—Manslaughter—relevant consideration—victim close relative—traditional—punitive aspect of killing relative—relevant to mitigation.
        Apo v State [1988] PNGLR 182

84. Sentence—Manslaughter—Appropriate tariffs—Lower end of scale for murder—Slightly higher than for rape.
        The State v Rex Lilu [1988-89] PNGLR 449

85. Sentence—Manslaughter—Manslaughter by criminal negligence—Fatal shooting on hunting trip—More serious than dangerous driving causing death—Sentence of fours years IHL appropriate.
        Java Johnson Beraro v The State [1988-89] PNGLR 562

86. Sentence—Manslaughter—One punch—Victim dying from head injuries sustained in fall—Argument following consumption of alcohol—Substantial customary compensation—Sentence of six years and six months.
        The State v Rex Lilu Lialu [1988-89] PNGLR 449
Approach of Supreme Court—Tarriffs—Sentence reduced.
        Rex Lialu v The State [1990] PNGLR 487

87. Sentence—Manslaughter—Spleen death—Consequences of offence relevant—Appropriate tariffs—Slightly higher than rape.
        The State v Polin Pochalon Lopai [1988-89] PNGLR 48

88. Sentence—Murder—Relevant considerations—Murder of reputed sorcerer—Very primitive accused.
        Secretary for Law v Ulao Amantasi [1975] PNGLR 134

89. Sentence—Murder—Relevant matters for consideration.
        Public Prosecutor v Tom Ake [1978] PNGLR 469

90. Sentences—Mitigating factors—murder—Wounding—Custom of murdering or mutilating adulterers.
        Public Prosecutor v Sidney Kerua [1985] PNGLR 85

91. Sentence—Mitigation—Relevant consideration—Emotional stress may be relevant—Payback killing—Parents killed in presence of accused.
        The State v Wak Mond [1986] PNGLR 258
        [KV1]

92. Sentence—Murder—Sexual assault on nine—year—old girl—Sexual sadist—Life imprisonment imposed—Whether worst type of case—Effect of plea of guilty—Relevance of intoxication—Rehabilitation—Life imprisonment confirmed.
        John Elipa Kalabus v The State [1988] PNGLR 193

93. Sentence—Mitigation—Customary obligation—Proof of—Murder—Giving of child in reparation—Contrary to law—Against welfare of child—Similar to slavery—Constitution, s253—Customs Recognition Act (Ch19).
        The State v Kule [1991] PNGLR 404

94. Sentence—Murder—Appropriate tariffs—Sentence higher than manslaughter.
        The State v Laura (Laura No.2) [1988-89] PNGLR 98

95. Sentence—Murder—Intention to cause grievous bodily harm—No aggravating or mitigating feature—Offender aged 17 years—Sentence of eight years.
        The State v Laura (No 20) [1988-89] PNGLR 98

96. Sentences—Inadequacy of—Wilful murder as principal offender under s7 of Criminal code—Sentencing of co-offenders.
        Secretary for Law v Witrasep Binengim [1975] PNGLR 172

97. Sentence—Application to increase sentence—Wilful murder—Co-offenders—Disparity of sentences between actual assailants and other participants.
        Secretary for Law v Kaibug Jimbun [1976] PNGLR 288

98. Sentence—Factors to be taken into account—Diminished responsibility not amounting to insanity—Obsessional personality disorder—Charge of wilful murder.
        The State v Berry [1977] PNGLR 128

99. Sentence—Appeal against severity—Wilful murder—Life imprisonment—Serious case—Killing in precincts of court.
        Goili Golu v The State [1979] PNGLR 653

100. Sentence—appeal by Public Prosecutor against inadequacy—Time for lodging appeal—Wilful murder of reputed sorcerer—Relevance of cultural factors including belief in sorcery.
        A Public Prosecutor v Uname Aumane & Os [1980] PNGLR 510

101. Sentence—Wilful murder—Payback—premeditated—Crime committed whilst court on a view—Life Imprisonment.
        Avia Aihi v The State (No. 3) [1982] PNGLR 92

102. Sentencing—Wilful murder—Principles applicable.
        Avia Aihi v The State (No. 2) [1982] PNGLR 44

103. Sentence—Wilful murder—Categorisation of offence.
        Ure Hane v The State [1984] PNGLR 105

104. Sentence—Wilful murder—Payback killing—Mitigating factors—lack of sophistication—Custom of payback.
        Public Prosecutor v Apava Keru [1985] PNGLR 78

105. Sentence—misappropriation and stealing—contract officer recruited from UK—Plea of guilty—Full restitution—Mitigating factors.
        The State v Welford [1986] PNGLR 253

106. Sentence—Misappropriation—Skilled computer operator and mother of seven children—Sentence of two years six months suspended—Probation on conditions—Community service with Red Cross Society using computer skills—Prohibited from consuming alcohol—Repayment of money misappropriated.
        The State v Rapola [1988-89] PNGLR 487

107. Sentence—Misappropriation of property of State—Public servant—Sentencing of—Mandatory dismissal of for indictable offence—Procedure on sentence—Presumption of dismissal—Misappropriation of K100.00—Senior public servant—Fine of K650.00.
        The State v Guai [1990] PNGLR 162

108. Sentence—Probation—Breach of conditions—Misappropriation of moneys—Skilled computer operator—Conditions of repayment—Prohibition on consumption of alcohol—Further probation of no value—Term of imprisonment imposed—Probation Act s20.
        The State v Rapola (No 2) [1990] PNGLR 347

109. Sentence—Particular offences—Official corruption—Bribing police officer—K5 offered to drop traffic offence charges—Corruption on increase—Deterrent sentence required—Four months imprisonment—Criminal Code s87.
        The State v Kiap Bonga [1988-89] PNGLR 360

110. Sentence—Prostitution—First offender—Fine generally appropriate.
        Wemay v Kepa Tumdual [1978] PNGLR 173

111. Sentence—Inadequacy—Traditional ways of—prevalence of offence—rape Community, relevance.
        Acting Public Prosecutor v Tumu Waria of Yagos [1977] PNGLR 170

112. Sentence—Inadequacy of sentence—Traditional ways of community relevance—Prevalence of offence—Rape.
        Public Prosecutor v Arape Etape [1977] PNGLR 416

113. Sentence—Rape—Guidelines—Different kinds of rape—Aggravating circumstances—Mitigating factors.
        John Aubuku v The State [1987] PNGLR 267

114. Sentence—Rape—Police officer raping woman held in custody—Threat of bush knife used—Sentence of 10 years affirmed.
        John Aubuku v The State [1987] PNGLR 267

115. Sentences—Rape—Guidelines—Pack rape—Starting point eight years—Aggravating factors—mitigating circumstances—Planned pack rape using bush knives as threat on 17 year old student—Sentence of 12 years.
        The State v Peter Kaudik [1987] PNGLR 201

116. Sentences—Rape—Guide lines—pack rape—With armed robbery—Starting point eight years—Aggravating factors—planned stealing with violence—abduction and rape—Threats with rifle and bush knives—Victim married woman aged 23 years—Serious physical and mental problems—Sentence of 18 years.
        The State v Michael Amuna Koupa 1987 [1987] PNGLR 208

117. Sentence—Appeal against inadequacy—Robbery with violence—Two counts.
        Acting Public Prosecutor v Konis Haha [1981] PNGLR 205

118. Sentence—Robbery with violence—Surrender to police—Five months in custody—Effective leader of Ex—Criminal Self—help Task Force—Sentence of six years suspended with three year good behaviour bond.
        The State v Frank Kagai [1987] PNGLR 320

119. Sentence—Jointly charged offences—Armed robbery—Abductions—Rape—Whether individual sentences appropriate—Whether cumulative sentences appropriate—Totality of criminal behaviour—Total of 18 years reduced to 14 years.
        Mase v The State [1991] PNGLR 88

120. Sentence—Particular cases—Robbery—Young first offender—Plea of guilty—Good character and family support—Rehabilitation desirable—Four years IHL—Term suspended on conditions—Home imprisonment—Payment of expenses of probation—Compensation to victim.
        The State v Nyama [1991] PNGLR 127

121. Sentence—Appeal—Aggravated robbery—First offender aged 29—Armed gang of five—Robbery of social club—Manager knocked unconscious—Employees locked up—Liquor stolen—Sentence of nine years reduced to seven years—Criminal Code s386.
        Gimble v The State [1988-89] PNGLR 271

122. Sentence—Unnatural offence—Sodomy—By one prisoner upon another—Deterrent punishment called for—Custodial sentence of four years—Criminal Code (Ch262), s210.
        The State v Pos [1991] PNGLR 208

123. Sentence—Inadequacy of—Stealing as servant—total amount involved K16,500 over two years period—necessity for deterrent.
        Secretary for Law v Linhardt [1975] PNGLR 132

124. Sentence—cumulative sentences—Stealing—Multiple small offences—Whether error in principles.
        Kawage v Yube and Tifai [1976] PNGLR 604

125. Sentence—Inadequacy of sentence—Stealing—Circumstances of aggravation not taken into account.
        Public Prosecutor v Sam Nimino [1977] PNGLR 226

126. Sentence—Stealing—Stealing by Court Clerk—Magistrate/accomplice dealt with summarily by fine—Parity of sentencing.
        The State v Sema [1977] PNGLR 289

127. Sentence—Inadequacy—Principles applicable—Stealing—Previous offences.
        Public Prosecutor v John Aia of Mondo [1978] PNGLR 224

128. Sentence—appeal against severity—Stealing—Stealing of cheque by person in position of authority.
        Tom Amaiu v The State [1979] PNGLR 576

129. Sentence—appeal against inadequacy of sentence—Failed attempted suicide.
        Public Prosecutor v Panikuiaka Kopi [1979] PNGLR 536

130. Sentence—Raising of unauthorised forces—Premier and Deputy Speaker of Provincial Assembly.
        Koniel Alar v The State [1979] PNGLR 300

131. Sentence—Taking part in unlawfully assembly—Prevalent offence—Inter-group fighting Act.
        John Tolna v Paul Ari [1980] PNGLR 23

132. Sentence—Unlawful carnal knowledge against order of nature—Application to increase sentence—Child interfered with of tender years.
        Secretary for Law v Kabua Dewake [1975] PNGLR 100

133. Sentencing—Custom—Relevance—use in conjunction with statutory penalty—Unlawful carnal knowledge.
        The State v Toraram Lipirin [1983] PNGLR 283

134. Sentence—Defilement of girl under 12—Accused first offender aged 18 years—Victim aged 18 months—Infected with gonorrhoea—Sentence of seven years—Criminal Code s213.
        The State v Thomas Pipon [1988-89] PNGLR 179

135. Sentence—Unlawful carnal knowledge of girl under 16 years—Accused stepfather of 15 year old victim—Six offences over four months—Plea of guilty—Sentence of three years two months—Criminal Code s216.
        The State v Sottie Apusa [1988-89] PNGLR 170

136. Unlawful carnal knowledge of girl under 16 years—Sentencing principles—Appropriate tariffs—Criminal Code s216.
        The State v Sottie Apusa [1988-89] PNGLR 170

137. Sentence—Conviction for unlawfully wounding with intent to do grievous bodily harm—Sentence imposed on victim for previous attack upon the respondent—Desirability of equal treatment a consideration to be taken into account.
        Acting Public Prosecutor v Kanga Apin [1977] PNGLR 107

138. Sentence—Two convictions for unlawfully wounding with intend to do grievous bodily harm—Sentences to be served consecutively—Totality principle.
        Public Prosecutor v Terrence Kaveku [1977] PNGLR 110

139. Criminal Law—Sentence—Aggravated robbery—Robbery of victim in a car—unlawful use of motor vehicle—Plea of Guilty—Sentence.
        Peter v The State (2000) SC638

140. Criminal Law—Sentence—Appeal against sentence—Sentencing principles discussed—Appeal dismissed—Sentence of 10 years imprisonment confirmed.
        Peter v The State (2000) SC638

141. Criminal Law—Sentence—Aggravated robbery—Robbery of victim in a car—unlawful use of motor vehicle—Plea of Guilty—Sentence.
        Lulip v The State (2000) SC636

142. Criminal Law—Sentence—Attempted Robbery—Robbery—Unlawful use of Motor Vehicle—Plea—Use of firearm—Firearm discharged—Person killed—Worst type of offence—25 years imprisonment confirmed.
        Lulip v The State (2000) SC636

143. Criminal Law—Sentence—Manslaughter—Plea—Killing of Wife—16 years—Principles and range of sentences for manslaughter discussed—Appeal dismissed—Criminal Code (Ch 292), s302.
        Tapi v The State (2000) SC635

Customs and Excise

1. Offences—Possession of prohibited import—Prohibited film—Video tapes—Elements of offence—Proof of 'importation' from overseas—Proof of absence of licence to import—Whether fact of non—manufacture in Papua New Guinea can be judicially noticed—Customs Act (Ch101), s149 (1) (d)—Customs (Prohibited imports) (Films) Regulations 1973, Reg3(1), Reg12(1).
        Carolus Ketsimur v Joe Morerei [1987] PNGLR 325

2. Customs controls—Clearance of goods for export—Dispute as to—Dispute referred to Comptroller of Customs—Same dispute cannot be subject of Judicial review—Customs Act s178.
        Central Pomio Logging Corporation Pty Ltd v The State [1990] PNGLR 195

3. Customs duties—Special rates—pleasure craft—Commercial craft—Vessel designed for pleasure or sport"—use for pleasure or sport not criteria Customs Act (Ch101).
        Dolphin Enterprises P/L v Saun [1990] PNGLR 77

4. Customs duties—Disputes as to duty—Whether declaratory relief available—Special rates—Vessels designed for pleasure or sports—Test—Whether payment under protest required—Customs Act (Ch101), s176.
        Pacific Media Publications Pty Ltd v Collector of Customs [1991] PNGLR 108

5. Employees terminated by notice—Claim to accommodation for period beyond termination "in accordance with custom"—Nature of custom—Master and servant relationship—In the light of "custom".
        National Airline Employees' Association of PNG [1992] PNGLR 287

6. Offences—Entering into collusive agreement with customs officer—Same intent required of both parties.
        The State v Malala Hore [1981] PNGLR 536

Customary Law

1. Customary land—Formalities for sale—Procedures to be adopted.
        Application of Rimbo Susu on behalf of himself and other Finschafen Landowners [1992] PNGLR 37

2. Marriage—Custom grows and accommodates new developments—Where parties come from different areas custom as to bride price is compromised.
        Tom v Kayiak [1992] PNGLR 171

3. Marriage—Religious ceremonies—In rural and suburban areas religious ceremonies are adopted and practised as part of custom to reflect solemnity of relationship, not necessarily statutory relationship.
        Tom v Kayiak [1992] PNGLR 171

4. Polygamy—A woman's status under customary law at variance with Constitution.
        State v Robinson [1992] PNGLR 205

41. Sentence—Jointly charged offences—Armed robbery—Abductions—Rape—Whether individual sentences appropriate—Whether cumulative sentences appropriate—Totality of criminal behaviour—Total of 18 years reduced to 14 years.
        Mase v The State [1991] PNGLR 88

5. Rights of adopted child arising from death of adopted father caused through negligence.
        Wai Elewai v MVIT (PNG) Trust [1992] PNGLR 34

6. When applicable—Objective test.
        Bafino v Tibiro [1992] PNGLR 168

Damages

1. Breach of contract—contract in restraint of trade—contract between employer and employee—Measure of damages.
        WA Flick & Co Pty Ltd v Thompson [1976] PNGLR 112

2. Breach of Contract—Of employment—Damages for distress, frustration and general disappointment.
        Hudson v Independent State of Papua New Guinea [1985] PNGLR 303

3. Currency in which to be awarded—currency in which loss felt—cost of medical treatment provided in Australia—cost to be recouped in kind.
        Lucian Vevehupa v Motor Vehicles Insurance (PNG) Trust [1983] PNGLR 343

4. Future economic loss—medical needs—Personal injuries—Road accident cases—Paraplegic—Five year—life expectancy—Lump sum inappropriate—Periodic payments necessary to do justice.
        Aundak Kupil v Independent State of Papua New Guinea [1983] PNGLR 350

5. Fatal accidents legislation—Plaintiff widow aged 28—Two children aged 5 and 6—Deceased teacher with Education Department aged 32—Award of K35,000.
        Moini v Government of Papua New Guinea [1977] PNGLR 39

6. Interest—Personal injuries—Court discretion.
        Aspinal v Government of Papua New Guinea [1979] PNGLR 642

7. Interest—Personal injuries—Statutory discretion to award interest.
        Meaney v Hastings Deering (Pacific) Ltd [1979] PNGLR 170

8. Interest of award—Damages for personal injuries—Discretionary power to award—Interest allowable at ordinary commercial rates.
        John Cybula v Nings Agencies Pty Ltd [1981] PNGLR 120

9. Personal injuries—Paraplegic—Miner aged 32 years—Expatriate in PNG—No deduction for economic conditions of PNG—Award of K109.00.
        Dillingham v Diaz [1975] PNGLR 262

10. Assessment of general damages—Expatriate Australian—Award not to be moderated on account of differing community standards.
        Bradford v Bradford [1975] PNGLR 305

11. Personal injuries—Spinal injury—Aggravation pre-existing congenital condition—Severely restricted agility—Marriage breakdown—Sexual impotency—Some loss of earning capacity—Male aged 33 conducting poulty and photography business—Award of K40,000 general damages.
        Government of Papua New Guinea v McCleary [1976] PNGLR 321

12. Personal injuries—Leg injury—Permanent disabilities—Disfiguring scars—Further surgery—Male journalist aged 28—Award of K6,500 general damages.
        Crane v Moresby Bus Service [1976] PNGLR 598

13. Personal injuries—Traumatic amputation of forefoot—Loss of 70% use of leg—continuing back pain and foot infection—Journey to Europe for medical treatment—Mitigation of damages—Failure to undergo surgery—Loss of earning capacity—Single male aged 29 employed as Heavy Duty Fitter—Award of K45,500 general damages.
        Lubbering v Bougainville Copper [1977] PNGLR 183

14. Personal injuries—Arm injury—Loss of function of 20%—Unsightly scar—also head and facial injuries—Loss of aspirations of nursing as avenue of employment—Female aged 14—Award of K15,000 general damages.
        Catherine Fowler v Mova Fae [1977] PNGLR 506

15. Personal injuries—Fractured skull—Generalized head injuries—Shortening leg—Disfigurement of knee—Continuing pain in leg—Restricted mobility and agility—Female aged 11—Award of K10,000 general damages.
        Susanne Fowler v Fae [1978] PNGLR 501

16. Personal injuries—Multiple injuries—Permanent disabilities of feet and wrist—Male electrician aged 26—Award of K20,000 general damages.
        Edwards v Jordan Lighting [1978] PNGLR 273

17. Personal injuries—Whiplash injury—Continuing Discomfort—Male business managed aged 43—Award of K8,500 general damages.
        Armiger v Government of Papua New Guinea [1978] PNGLR 516

18. Personal injuries—Paraplegic—Keen sportsman and athlete—Salesman in agriculture and marketing area—Married aged 26 future medical expenses—Future nursing housekeeping care—Tax position—Award of K181,900.
        Kerr v MVIT [1979] PNGLR 251

19. Personal injuries—Head injuries—Brain damage—Permanent intellectual impairment—Mild mental retardation—special schooling required—Male child aged eight—Tax position—Award of K57,562 general damages.
        Aspinall v Government of Papua New Guinea [1979] PNGLR 642

20. Personal injuries—Fractured femur—Facial abrasions—Some concussion—Inability to kick ball or participate in sport—Mountain village schoolboy aged twelve—Assessment of K1,100.
        Kongo Bomai v The State [1979] PNGLR 125

21. Personal injuries—Head injury—Brain damage and personality change—Impaired intellect—Weakness with activity—Capable only of light work with minimal public contact—Male customs clerk aged nineteen—Award of K32,000 general damages.
        Basil Lam v Micca Walaun [1979] PNGLR 637

22. Personal injuries—Paraplegic—confined to wheelchair—Qualified aircraft maintenance engineer—Male aged twenty five—Tax position—Award of K103,940.
        Charles Pupu v Pelis Tomilate [1979] PNGLR 108

23. Personal injuries—Arm and hand injury—Claw deformity of right hand—Highland villager—Near subsistence farmer—Male aged twenty five—Award of K12,150.
        Kokonas Kandapak v The Independent State of Papua New Guinea [1980] PNGLR 573

24. Personal injuries—Back injury—Continuing psychological stress—Restricted agility—Married woman aged forty—one—Award of K19,000 general damages.
        Darvill v Motor Vehicles Insurance (PNG) Trust [1980] PNGLR 548

25. Personal injuries—Head injuries—Brain damage—Progressive memory disturbance—Lack of concern for own condition—almost complete loss of vision on right side—Real risk of institutionalization at early age—male airport ramp officer aged 24—Assessment of K125,000 general damages.
        Lewis v The State [1980] PNGLR 219

26. Personal Injuries—Left arm injury—Permanent disability—Inability to grip etc—Pre-existing disability of right arm—Highland villager—near subsistence and part coffee farmer—Single man aged twenty—seven—Award of K25,000.
        Kaka Kopun v The Independent State of Papua New Guinea [1980] PNGLR 557

27. Personal injuries—Leg injury—Good prognosis—Highland villager—Subsistence and part coffee farmer—Male aged thirty—Award of K5,000 general damages.
        Anis Wambia v The Independent State of PNG [1980] PNGLR 567

28. Personal injuries—Neck injury—Occasional headaches—Inability to participate in sport or lift heavy objects—Male aged twenty—seven—Assessment of K18,000 general damages.
        Brown v Motor Vehicles Insurance (PNG) Trust [1980] PNGLR 409

29. Personal injuries—Pelvic and hip fractures—Impotency—Six monthly dilations necessary—Some change of personality—Restricted mobility—Working life reduced by five years—male marine maintenance engineer aged forty—four—Married with six children—Award of K42,000.
        Jeremiah O'Hello v Kayel Shipping Co Pty Ltd [1980] PNGLR 361

30. Personal injuries—Economic loss—Calculation of present value of future economic loss—Actuarial method preferred—Inflation relevant to inerest discount rate at 5% appropriate.
        Hugh James Hassard v Bougainville Copper Ltd [1981] PNGLR 182

31. Personal injuries—Facial lacerations—Scarring—Continuing aggravation of eye causing watering—Future cosmetic surgery—Female child aged 8—Award of K10,600 general damages
        Jacqualine Kennedy v Jerry Nalau and PNG [1981] PNGLR 543

32. Personal injuries—head injury—Good recovery—Leg and arm disability—Female child aged 2—Award of K9,000 general damages.
        Anna Pose v Independent State of Papua New Guinea [1981] PNGLR 556

33. Personal injuries—Leg and head injuries—Nervous shock—Death of father and and sister in same accident—Continuing psychological instability and anxiety state—Female child aged 9—Award of K10,000 general damages.
        Undapmaina v Talair [1981] PNGLR 559

34. Personal injuries—Paraplegic—confined to wheelchair—CIS Officer—male aged 20—No possibility of re-employment without appropriate facilities—Award of K106,260 general damages.
        Meddie Serive v Independent State of Papua New Guinea [1981] PNGLR 549

35. Personal injuries—Severe burns to various parts of body—Gross scarring—Decreased flexion in right wrist—Female child aged 5—Award of K7,500 general damages.
        Makeu Hare v Independent State of Papua New Guinea [1981] PNGLR 553

36. Personal injuries—Medical and hospital care—Motor vehicle accident—Hospital treatment in Australia—Treatment under Repatriation Act 1920 (Aust)—Treatment not free treatment—Liability for free treatment considered.
        Lucian Vevehupa v Motor Vehicles Insurance (PNG) Trust [1983] PNGLR 343

37. Personal injuries—Back injury—Continuing pain—Fit only for light—Male tunnel foreman aged 36—Interest discount rate of 3 percent—Future loss—Notional tax—Inflation—Interest on award.
        Pinzger v Bougainville Copper [1983] PNGLR 436 and [1985] PNGLR 160

38. Personal injuries—Fractured femur—Permanent loss of mobility—Male outdoor labourer 37 yrs—discount rate of 5 per cent—Notional tax disregarded—Award of K12,000 general damages.
        Koko Kopele v MVIT [1983] PNGLR 223

39. Personal injuries—Loss of eye—Middle aged married woman—Award of K20,000 general damages.
        Takie Murray v Norman Kinamur [1983] PNGLR 446

40. Personal injuries—Paraplegic—Not motivated for activity or use of wheelchair—Life expectancy five years—villager aged thirty—five with three wives—Active involvement in family vegetable gardens and sale of timber—Driver—Award of K90,000 for pain and suffering—Periodic payment for future economic loss and medical needs—Customary compensation.
        Aundak Kupil v Independent State of PNG [1983] PNGLR 350

41. Personal injuries—Paraplegic—Life expectancy five years—villager aged thirty with one wife—Active involvement in family vegetable gardens, coffee plots and sale of timber—Award of K75,000 for pain and suffering—Periodic payment for future economic loss and medical needs.
        Aundak Kupil v Independent State of Papua New Guinea [1983] PNGLR 350

42. Personal injuries—Medical & hospital care—hospital treatment in Australia by repatriation—Commission—liability to pay—cost of recoverable in action.
        Motor Vehicles Insurance (PNG) Trust v Lucian Vevehupa [1984] PNGLR 224

43. Personal injuries—Leg injury—Fracture of mid shaft of femur—Shortening of leg—fifty per cent loss of use—Continuing disability—Male Anglican priest aged forty—forced early retirement at forty—nine—Award of K19,000 general damages.
        Caedmon Koieba v Motor Vehicles Insurance (PNG) Trust [1984] PNGLR 365

44. Personal injuries—Particular awards of general damages—Head and facial injuries—Scarring—child aged four and a half (five and a half at trial)—Award of K12,000 general damages.
        Cody v Motor Vehicles Insurance (PNG) Trust [1985] PNGLR 450

45. Personal injuries—Burns—Lacerations—chest and shoulder—Amputation of ear—Scarring—Male aged 57—Award of K18,000 general damages—Statutory limit include interest on costs—civil Aviation.
        Costello v Talair [1985] PNGLR 61

46. Personal injuries—Abdominal injuries from shotgun wound—Lengthy hospitalisation—Severe scarring and permanent large hernia—Male police officer aged thirty—two years.
        David Yala Pumbu v Teta Tenken [1986] PNGLR 289

47. Personal injuries—Arm and leg injuries—Shortening of arm—Claw arm with wasting—Arm totally and permanently useless—shortening of leg—Female village in mid forties.
        Pangis Toea v Motor Vehicles Insurance (PNG) Trust [1986] PNGLR 294

48. Personal injuries—Compression fracture of spine—Fractures of left forearm—Restricted movement of arms—Minor disability—Village woman in middle thirties.
        Kama Pupti v Thomas Kudjip [1986] PNGLR 283

49. Personal injuries—Back, hip, pelvic and leg injuries—Estimated 80 per cent disability from perform normal duties and walking—male aged fifty—five years.
        Kunjil On v Independent State of Papua New Guinea [1986] PNGLR 286

50. Personal injuries—Severe compound fractures of lower leg—Severe scarring—Permanent disability of about 50 per cent—Male—Grade 1 Magistrate aged thirty—five.
        George Kiak v Tora Enterprises Pty Ltd [1986] PNGLR 265

51. Personal injuries—Spinal injury—Severe bruising to thoracic and lumbar spine—Nerve root damage—continuing muscle weakness in leg with loss of sensation—Male villager aged eighteen with minimal education.
        Make Kewe v Thomas Kudjip [1986] PNGLR 279

52. Torts—General damages—Deduction of award under other legislation—Where payment to infant—Motor Vehicles (Third Party Insurance) (Basic Protection Compensation) Act.
        Kopuri Tapie v Motor Vehicles Insurance (PNG) Trust [1986] PNGLR 78

53. Contribution between tortfeasors—Master and servant—Negligence of servant/driver of motor vehicle—No common law right to indemnity—Statutory power to order contribution discretionary—Relevant considerations—Contribution of 20 per cent ordered—Wrongs (Miscellaneous Provisions) Act (Ch297), s37(2)(c).
        Kosi Bongri v Independent State of Papua New Guinea [1987] PNGLR 478

54. Measure of damages—personal injuries—loss of earning capacity—Infant plaintiff—Relevant principles—Need for real or substantial risk of restriction on employment.
        Coady v MVIT [1987] PNGLR 55

55. Personal injuries—Particular awards—Economic loss—Home help—Back injury—lumbar disc injury—Chronic back pain—married with three children—Proposal to return to Australia within five years—basis of assessment—Award of K20,000 for 10 years.
        Yarnold v Independent State of Papua New Guinea [1987] PNGLR 474

56. Personal injuries—Particular awards of general damages—Abdominal injuries—removal of spleen—Chronic pain—Chance of future complications—Male police constable—Aged 27 (34 at trial)—Award of K18,000 general damages—K12,000 allocated for calculation of interest on past award.
        Peter Amini V Independent State of Papua New Guinea [1987] PNGLR 465

57. Personal injuries—Particular awards of general damages—Arm injury—Comminuted fracture of right elbow—Loss of efficient use for heavy labour—Male removalist in late forties—Award of K7,500 general damages—Award of K4,851 future economic loss.
        Kosi Bongri v Independent State of Papua New Guinea [1987] PNGLR 478

58. Personal injuries—Particular awards of general damages—Arm injury—Slow healing—Bone graft—Loss of 50 per cent efficient use—village man and employed shopkeeper—Male aged 24 (30) at trial—Award of K15,000 general damages—Awards for future economic loss.
        Pet v Bakri Yamba [1987] PNGLR 485

59. Personal Injuries—Particular awards of general damages—Head arm and leg injuries—Severe head injury—Boney defect to skull—Blind in right eye—Totally paralysed right arm—Left leg paralysis—Disfiguring—Almost totally disabled—coffee farmer in mid—twenties (mid—thirties at trial)—Award of K70,000 general damages.
        Seke Opa v Independent State of Papua New Guinea [1987] PNGLR 469

60. Personal injuries—Particular awards of general damages—Leg and back injuries—Fractures of humerus and femur—Crushed fracture of L2 vertebra—Fractured pelvis Male aged 37 (40 at trial)—Award of K22,000 general damages.
        Caswell v National Parks Board [1987] PNGLR 458

61. Breach of contract—Measure of—Breach of contract of employment—Damages for distress, frustration and upset—History and scope of—Available where foreseeable effect of dismissal.
        Harding v Teperoi Timbers Pty Ltd [1988] PNGLR 128

62. Fatal accidents legislation—Measure of damages—Infant plaintiffs—Death of mother—Allowable heads of damages—Loss of pecuniary benefits—Loss of mother's extra services—Increased risk of orphan hood—Mother 23—Children one and four years—particular awards—Wrongs (miscellaneous provisions) Act (Ch No 295), Pt IV.
        Jackson Koko v Motor Vehicles Insurance (PNG) Trust [1988] PNGLR 167

63. Measure of—Personal injuries—Economic loss—market gardener—Discussion of different methods of assessing future economic loss—Award of K3,000 for future economic loss.
        Nali Matabe v Independent State of Papua New Guinea [1988] PNGLR 309

64. Measure of—Personal injuries—Motor vehicle accident—Interest on award—Award exceeding limit of liability—Liability of Motor Vehicles Insurance (PNG) Trust for interest on whole award and costs—Motor Vehicles (Third Party Insurance Act s49 (2)(a).
        Reading v Motor Vehicles Insurance (Papua New Guinea) Trust [1988] PNGLR 266

65. Personal injuries—Motor vehicle accident—Statutory limit on liability—Damages limited to K100,000—Damages not including interest or costs—Motor Vehicles (Third Party Insurance) Act (Ch295), s49 (2)—Judicial proceedings (Interest) on Debts and Damages) Act (Ch52).
        Motor Vehicles Insurance (Papua New Guinea) Trust v Reading [1988] PNGLR 236

66. Personal injuries—particular awards of general damages—head and arm injuries—fractured skull 7 left arm—shortening of arm—Female child aged 2—Award of K10,000 general damages.
        Kundia Paul v Anton Kare [1988] PNGLR 273

67. Personal injuries—particular awards of general damages—head and arm injuries—unconscious one week—Hospitalised seven months—left and dominant arm totally and permanently useless—Deformity and scarring—brain damage—Personality change—Regular migraines—nightmares—memory lapses—no longer able to play sport or do Scottish dancing—Forced to give up vocation—loss of future income—Female enrolled nurse—Award of K36,000 for general damages—Award of K30,690 for future economic loss.
        Anna Endeken v Independent State of Papua New Guinea [1988] PNGLR 286

68. Personal injuries—particular awards of general damages—head, facial, chest and knee injuries—minor injuries—Minor scarring—male child aged five (seven at trial) Award of K800 general damages.
        Woma Paul v Anton Kare [1988] PNGLR 276

69. Personal injuries—particular awards of general damages—head injury—Five days unconscious—Continuing difficulties with walking long distances and keeping balance—male in mid fifties—Award of K9,000 general damages.
        Sapa Landao v independent State of Papua New Guinea [1988] PNGLR 279

70. Personal injuries—particular awards of general damages—head injury—Permanent brain damage—Shunt dependent—unemployable—Female aged five months (10 years at trial)—Award of K75,000 general damages—Award of K116,325 for future economic loss—Interest and costs payable by Trust.
        Reading v Motor Vehicles Insurance (Papua New Guinea) Trust [1988] PNGLR 266

71. Personal injuries—Particular awards of general damages—Leg injuries—Fractures of tibia and fibula on both legs—Malunion of bones—Shortening of one leg—loss of efficient use of legs for manual labour—male aged 36 (39 at trial)—Bus driver—Award of K20,000 general damages.
        Alfred Moia v Independent State of Papua new Guinea [1988] PNGLR 299

72. Personal injuries—particular awards of general damages—nose, hip and knee injuries—Depressed fracture of nose—Lacerated knees—Toenail torn off—Continuing weakness in knees—Possibility of osteoarthritis in hip—male police officer—award of K15,000 general damages.
        Lus Minjuk v Independent State of Papua New Guinea [1988] PNGLR 302

73. Personal injuries—Particular awards of general damages—Shoulder injury—Fracture collarbone—malunion with bony spur requiring removal—loss of 15 per cent efficient use of left arm—market gardener aged 40—Award of K10,000 general damages.
        Nali Matabe v Independent State of Papua New Guinea [1988] PNGLR 309

74. Award of as judgment—Interest on—From date on which cause of action arose—Professional negligence—Lawyer failing to institute proceedings in time—Breach of duty on failure to file write—Notional date applicable—Personal injuries claim—Breach deemed two months after instructions received—Motor Vehicles (Third Party Insurance) Act—Judicial Proceedings (Interests on Debts and Damages) s2.
        Martha Limitopa v The State [1988-89] PNGLR 364

75. Fatal accidents—Particular awards—Plaintiff/parents—Loss of support—Deceased subsistence village farmer aged 18 year—Other siblings—Parents in mid forties—Loss of support for—Appropriate basis of assessment—K4 for 10 years with 10 per cent deduction for early payment.
        Mina Uokare v The State [1988-89] PNGLR 655

76. Fatal accidents—Particular awards—Plaintiff widow and one child aged five years—Deceased subsistence village farmer aged 22 years—Loss of dependency—K5.50 per week appropriate for both widow and child.
        Seni Ela v The State [1988-89] PNGLR 653

77. Measure of—Personal injuries—Loss of earning capacity—Receipt of unemployment benefits—benefits to be deducted.
        Rundle v MVIT (PNG) Trust v Reading [1988-89] PNGLR 618

78. Measure of—Personal injuries—Motor vehicle accident—Interest on award—Costs—Award exceeding limit of liability—Liability of Motor Vehicles Insurance (PNG) Trust for interest on whole of award and costs—Motor Vehicles (Third Party Insurance) s49.
        Motor Vehicles Insurance (PNG) Trust v Reading [1988-89] PNGLR 608

79. Measure of—Personal injuries—Sickness benefits—Invalid pension—Payment under Australian law—To be disregarded—Social Security Act 1947 (Aust).
        Colbert v The State [1988-89] PNGLR 590

80. Measure of—Professional negligence—Lawyers—Failure to institute proceedings in time—Damages recoverable as if action instituted in time.
        Martha Limitopa v The State [1988-89] PNGLR 364

81. Measure of—Property damage—Motor Vehicle damaged in accident—Repairs not effected—Hire purchase running in arrears—Repossession—Claim for loss of vehicle—Damages limited to cost of repairs and reasonable loss of profits—Repossession not foreseeable.
        Kopen v The State [1988-89] PNGLR 659

82. Personal injuries—Particular awards of general damages—Arm and wrist injury—Splinted six months—Pain and limited movement—male medical orderly aged 32 (35 at trial)—Award of K8,000 general damages.
        Tumu v The State [1988-89] PNGLR 638

83. Personal injuries—Particular awards of general damages—Fractures of hip and pelvis—pneumonia with lung collapse—Deterioration of pre—accident diabetic condition—Some permanent disability for bending etc—Welder—Male aged 27 (34 at trial)—Award of K30,000 general damages.
        Rundle v MVIT (PNG) Trust [1988-89] PNGLR 618

84. Personal injuries—Particular awards of general damages—Head injury—Concussion—Lacerations—Minimal long—term effects including headaches and stiffness—Award of K8,000 general damages.
        Nidop v MVIT (PNG) Trust [1988-89] PNGLR 635

85. Personal injuries—Particular awards of general damages—Head injury—Depressed fracture of skull—Brain damage—Intellectually handicapped—Unfil for employment—Memory loss—Epilepsy—Headaches—Speech defect—Male aged 36 (41 at trial)—Experienced technical trade teacher—Award of K70,000 general damages.
        Colbert v The State [1988-89] PNGLR 590

86. Personal injuries—Particular awards of general damages—Hip injury—Dislocation fracture—Arthritis—Arthrodesis—Leg shortening—Twenty per cent loss of function—Male aged 18 years—Highland village gardener—Award of K18,000 general damages.
        Martha Limitopa v The State [1988-89] PNGLR 364

87. Personal injuries—Particular awards of general damages—Hip, knee and facial injuries—Hip replacement—knee arthrodesis—perforating injury to eye—Extensive damage to teeth requiring total extraction—Continuing pain—Shortened stiff leg—severely physically restricted—Poor vision—Poor self esteem—Desertion by de facto wife and children—unemployable—Former foreman/construction worker—Male aged 45 (56 at trial)—Award of K33,0004 general damages—Award of K60,000 for loss of income.
        Jones v MVIT (PNG) Trust [1988-89] PNGLR 611

88. Personal injuries—Particular awards of general damages—Knee injury—Post traumatic arthritis—Permanent knee flexion problem—Loss of 15 per cent efficient use of knee—Subsistence farmer—Male aged about 50—Award of K8,000 general damages—Award of K5,000 for future economic loss at subsistence level.
        Nentepa Piam v The State [1988-89] PNGLR 651

89. Personal injuries—Particular awards of general damages—Left arm injury—Dog bite—Skin grafts—Minor scarring and disfiguration—Motor sensory deficiency—Thirty per cent disability of forearm—Left—handed—Some limitation in gardening and sport—Church youth worker and subsistence farmer—Male aged 27 (29 at trial)—Award of K9,000 for general damages.
        Kuriti v The State [1988-89] PNGLR 633

90. Personal injuries—Particular awards of general damages—Leg and arm injuries—Fractures of tibia and right elbow—Ligamentous knee damage—Possible 5 per cent loss of function of leg with onset of osteoarthritis—Male subsistence farmer aged 25 years—Award of K6,000 general damages—Global award of K1,000 for possible future economic loss.
        Wenam Elkum v The State [1988-89] PNGLR 662

91. Personal injuries—Particular awards of general damages—Leg injury—Compound fracture of tibia—loss of 25 per cent efficient use of leg—Male garbage collector—Award of K9,500 economic loss.
        Kawa Oroeala v MVIT (PNG) Trust [1988-89] PNGLR 645

92. Personal injuries—Particular awards of general damages—Leg injury—Fractured femur requiring pinning—Muscle wasting—Osteoarthritis—Loss of 35 per cent efficient use of leg—Driver and village gardener—male aged 32 (36 at trial).
        Tambi v The State [1988-89] PNGLR 648

93. Personal injuries—Particular awards of general damages—Multiple injuries—Fractured ribs and femur—Lacerated face and head—Severed Achilles tendon Abdominal injuries—Penetrated lung—Multiple bodily scars—Shortened leg—Limp—Female child aged 10 (13 at trial)—Award of K14,500 general damages.
        Auwa Joe v The State [1988-89] PNGLR 641

94. Personal injuries—Particular awards of general damages—Pelvic fracture involving urethra—minor eye injuries—Possible loss of 10 per cent function of leg with onset of osteoarthritis—Village gardener aged 19 years—Award of K9,500 general damages—Global award of K2,000 for possible future economic loss.
        Wenam Elkum v The State [1988-89] PNGLR 662

95. Personal injuries—Particular awards of general damages—Premature termination of of pregnancy—Loss more than solatium—Award of K4,000 general damages—Wrongs (Miscellaneous Provisions) Act s29.
        Wara Yana v MVIT (PNG) Trust [1988-89] PNGLR 657

96. Contract—Breach of—Employment contract—Assessment—General principles—Relevance of statutory provisions where not pleaded—Effect of liability for taxation—Salaries and Conditions Monitoring Committee Act (Ch384)—Income Tax (Salary or Wages Tax) (Rates) Act 1979, s1.
        Rooney v Forest Industries Councils of PNG [1990] PNGLR 407

97. Fatal accidents—Measure of—Dependency claim—Deceased husband and father—Whether age of retirement to be fixed at 55 years—Public Service retiring age not mandatory—Age of dependency of infant.
        Collins v MVIT (Papua New Guinea) Trust [1990] PNGLR 580

98. Fatal accidents—Measure of—Dependency claim—infant dependent—Age of dependency—Town dwellers—likelihood of town education—Eighteen years appropriate.
        Tapi v MVIT (PNG) Trust [1990] PNGLR 568

99. Fatal accidents—Particular awards—Claim by two widows, five children and father—Subsistence family—No evidence of earnings or contribution of deceased—Deceased aged 35 years—K4 per week appropriate for widows and father—K3 per week appropriate for children.
        Young Ekip v The State [1990] PNGLR 577

100. Fatal accidents—Particular awards—Female bank employee—Claim by parents and infant child—loss of salary earnings relevant—Need to provide home for child—K15 per week appropriate for child—K10 per week appropriate for each parent.
        Kuman Kua v The State [1990] PNGLR 561

101. Measure of—Dependency claim—infant dependent—Age of dependency—Eighteen years more appropriate than sixteen years—Refusal to sanction for each parent.
        None v MVIT (PNG) Trust [1990] PNGLR 561

102. Personal injuries—Particular awards of general damages—Head injury—unconscious—Speedy recovery—Possibility of epilepsy and mental incapacity—male child aged four (10 at trial)—Award of K12,000 general damages.
        Maipen v MVIT (PNG) Trust [1990] PNGLR 559

103. Personal injuries—Particular awards of general damages—leg injury—Uncomplicated fracture—Good recovery—Male aged 21 years—Award of K5,000 general damages
        Kar Kirai v The State [1990] PNGLR 563

104. Personal injuries—Particular awards of general damages—Spinal injuries—paralysis of lower limbs—Mobile on crutches—probable urinary tract infections and complications—Total incapacity for work—male village subsistence farmer aged 35 years (40 years at trial)—Award of K35,000 general damages and K10,000 economic loss.
        Pyayakan Yomo v The State [1990] PNGLR 554

105. Personal injuries—particular awards of general damages—Whiplash injury—No loss of work for 12 months—Disc lesion requiring surgery—Minimal residual effects—Termination of service—Continuing employment—Male aged 53 years—Motor mechanic/fleet manager—Award of K15,000 general damages.
        Davis v MVIT (P.N. G.) Trust [1990] PNGLR 571

106. Fatal accidents—Measure of—Death of mother—Claim by infant children—Increased risk of orphanhood—Child aged eleven years—Salaried father—Award of K1,000 reduced by 30 per cent.
        Nolnga v Motor Vehicles Insurance (PNG) Trust [1991] PNGLR 436

107. Fatal accidents—Measure of—Death of wife and mother—Husband and children claimants—Loss of mother's financial support—Industrious and hardworking mother contributing to family income Village cash economy—Salaried husband—Award of K2,000 per year to trial—Global award of K5,000 for future financial loss.
        Nolnga v Motor Vehicles Insurance (PNG) Trust [1991] PNGLR 436

108. Fatal accidents—Measure of—Funeral expenses—Reasonable expenses—Includes reasonable customary obligations—Wrongs (Miscellaneous Provisions) Act (Ch297), s28(2).
        Inabari v Sapat [1991] PNGLR 427

109. Fatal accidents—Measure of—Loss of expectations of life—Infant child—Conventional sum—Award of K1500.
        Inabari v Sapat [1991] PNGLR 427

110. Fatal accidents—Particular awards—Death of husband and father—Plaintiff/widows children and parents—Deceased community school teacher aged twenty—two years—Two wives—Two children from first wife—Aged parents in sixties—Contingencies for re-marriage or early death allowed at 10 per cent and 50 per cent.
        Jack v Motor Vehicles Insurance (PNG) Trust [1991] PNGLR 443

111. Personal injuries—Particular awards of general damages—Crush injuries to stomach, pelvis and left leg—Extensive surgery—Female aged seventeen (nineteen at trial)—Uneducated villager—Disability of 10 per cent for daily village activities—Award of K18,000 including economic loss.
        Palga v Motor Vehicles Insurance (PNG) Trust [1991] PNGLR 446

112. Personal injuries—Particular awards of general damages—Crush injury—to right arm—Loss of 100 per cent efficiency—Unskilled male labourer aged twenty—seven (twenty—nine at trial)—Award of K25,000.
        Timson Noki v Fraser [1991] PNGLR 260

113. Personal injuries—Particular awards of general damages—Foot injury—Toe fracture—Loss of 10 per cent efficient use of left foot—Community health worker—Enthusiastic sportsman—Award of K6,500 general damages.
        Sangasib v Motor Vehicles Insurance (PNG) Trust [1991] PNGLR 449

114. Personal injuries—Particular awards of general damages—Injury to lumbar spine—Bed rest—Continuing disability and pain with progressive deformity—Married village woman—Reduced ability for traditional work—Award of K17,000 general damages including K7,000 for restriction on contribution to subsistence economy.
        Kaum Joseph v Motor Vehicles Insurance (PNG) Trust [1991] PNGLR 453

115. Personal injuries—Particular awards of general damages—Injury to lumbar spine—Compressed fracture of vertebra—Conservative treatment—Continuing disability and pain—Permanent disability of 15 per cent—Village man (aged about twenty—five years) with capacity for casual labouring—Reduced ability for traditional work—Award of K12,000 general damages—Award of K7,000 for economic loss.
        Sipa Toa Are v Motor Vehicles Insurance (PNG) Trust [1991] PNGLR 456

116. Personal injuries—Particular awards of general damages—Injury to spine and wrist—Fracture of vertebra—Simple fracture of wrist requiring pinning—Loss of 5 per cent efficient use of wrist—Continuing disability and pain in back—Permanent disability of 40 per cent—Village man (aged about twenty—five years)—Reduced ability for subsistence living—Award of K18,000 general damages—Award of K8,000 for future economic loss.
        Wie Kuntu v Motor Vehicles Insurance (PNG) Trust [1991] PNGLR 440

117. Personal injuries—Particular awards of general damages—Leg injury—Below knee amputation—Artificial leg—Sporting activities eliminated—Male villager aged twenty—three—Grade 10 education—Loss of income from cocoa and copra collecting—Award of K25,000 general damages and economic loss of K10,566.
        Korrolly v Motor Vehicles Insurance (PNG) Trust [1991] PNGLR 415

118. Personal injuries—Particular awards of general damages—Quadriplegia—Married woman aged twenty—eight (thirty—one at trial) with children—Active in church and village affairs—Awards of K140,000 general damages.
        Kepa v Boi Gerek [1991] PNGLR 424

119. Personal injuries—Particular awards of general damages—Shoulder and leg injuries—30 to 60 per cent disability—Widow in early forties—Dependent high school son—Self supporting subsistence gardener—Award of K35,000 general damages—Award of K10,000 for economic loss.
        Dir v Motor Vehicles Insurance (PNG) Trust [1991] PNGLR 433

120. Calculation of damages for widow—Dependency claim for adopted child—Calculation of damages for death of villager without regular income.
        Elewai, Wai v MVIT (PNG) Trust [1992] PNGLR 34

121. Contract of employment—breach of—Assessment of.
        Appa v Wama [1992] PNGLR
        395

122. Death—Dependency Claim—Widow and children—Change in methods of calculating dependency claims—Interest on awards.
        Pagau, Golue v MVIT (PNG) Trust [1992] PNGLR 26

123. Dependency claim by the adopted mother of deceased—Assessment of damages for support of parents—Exemplary damages.
        Jack v Karani [1992] PNGLR 391

124. Leg and thigh injuries—Permanent disability—Employment affected—Store supervisor—General damages K29,000—Total damages including economic loss K91,553.53.
        Etape v MVIT (PNG) Trust [1992] PNGLR 191

125. Normal damages—Ascertainment when contract breached in futuro—Working life not proper basis—Assessment relationed to period of probation when employer bound to remunerate employee—Special damages need to strictly proved—In absence of clear agreement, no entitlement in plaintiff to extraordinary amount for relatively common place work done at own instigation without reference to his principal—Award for distress, frustration and or disappointment.
        Naguwean v The State [1992] PNGLR 367

126. Personal injury—Assessment of damages.
        Wango, Mantz v Pot Andakundi and the State [1992] PNGLR 45

127. Personal injuries—Particular awards of general damages—Negligence of driver/owner—Need for claim in respect of special damages.
        Kei v MVIT (PNG) Trust [1992] PNGLR 195

128. Dependency claim—claim by widow of deceased and others—Whether parents, parent—in—law, sister and brother qualify as dependents.
        Waima v MVIT (PNG) Trust [1992] PNGLR 254

129. Coronial inquiry—Assessment of property damage in village raids—exemplary damages on servants of the State—Proper valuation of village houses—Bare assertions of loss not sufficient.
        Aure and Others v Boko [1996] PNGLR 85

130. Personal injuries—Male assistant correctional officer aged 28 years—Right leg amputated above knee—General damages—Claim for economic loss as Assistant Correctional Officer and prospects of becoming a lawyer—Award of K40,000 general damages and an amount for economic loss limited to earning capacity as an officer of Corrective Institutions Service.
        Mandui v The Commissioner [1996] PNGLR 187

131. Awards—Breach of human rights provisions of Constitution—Joint tortfeasors—Whether damages should be awarded against employees of the State responsible for breach of constitutional rights.
        Application by Waso [1996] PNGLR 218

132. Damages for wrongful seizure—Conversion—Assessment—Findings of facts—inferences
        Leach v Commissioner General of Internal Revenue Commission (2000) SC631

Defamation

1. Action for—Effect of Constitution, s38 and s46 on right to bring action.
        Cory v Blyth (No 1) [1976] PNGLR 274

2. Damages—compensation for injury to personal reputation feeling and health—Injury to business reputation—Statement must be understood by reasonable people to refer to plaintiff—Damages assessed at K6,000.00.
        Baker v Lae Printing [1979] PNGLR 16

3. Damages—Assessment—Particular cases—Letter circulated to four persons—Use of words "Mafia tactic"—Addressed to prominent businessman—No apology—Damages assessed at K4,000.
        Cross v Wess Zuidema [1987] PNGLR 361

4. Defamatory words spoken in vernacular—Enga language—Common law rule requiring literal translation—Proof of substance of words alleged sufficient—Defences.
        Tei Abal v Anton Parau [1976] PNGLR 251

5. Defamatory statements—Imputations—Pleading of—Where natural and ordinary meaning relied on.
        Aid Kristian Jebsens Rederi Trading as the Jebsen Line v Heenan [1986] PNGLR 61

6. Defences—Publication in good faith—Not actuated by ill—will or improper value.
        Rimbink Pato v Umbu Pupu [1986] PNGLR 310

7. Injunctions—interlocutory—Relevant considerations on exercise of discretion.
        Hetura Paz Development Co Pty Ltd v Niugini Nius Pty Ltd [1982] PNGLR 250

8. Innuendo—Pleading of—In statement of claim—Extrinsic facts need not be pleaded—Extrinsic facts must however be proved.
        South Pacific Post Pty Ltd v Ephraim Ikenna Maduabuchi Nwokolo [1984] PNGLR 38

9. Practice and procedure—Interrogatories—Further and better replies—Sufficiency of—Answers to be made on information and belief such gained and held—Defendant not required to particularize—General damages.
        Cory v Blyth (No. 2) [1976] PNGLR 350

10. Statements amounting to—Innuendo—Notice of cessation of employment and responsibility for expenses incurred—Whether imputing dishonest intent—In context and circumstances not defamatory.
        Finlay v Steamships Trading Co Pty Ltd [1987] PNGLR 238

Defence

1. Defence forces—committal of troops overseas—Parliamentary resolution—Validity of—"International obligation."
        SCR No. 4 of 1980 (No. 2) [1982] PNGLR 65

2. Offences—Punishment by members of force—Reduction in rank—Who may impose—No power under Act to reduce NCO in rank.
        Songol Kilik v Boidapua [1979] PNGLR 583

3. Offences—Disciplinary proceedings—Validity—National Court on Defence Force Judge—Powers on appeal.
        Benas Openefa v Willie Wagera [1980] PNGLR 188

4. Tort—Acts in peacetime causing death—Liability of State—Negligent act of member of defence force.
        Vian Guatal v State [1981] PNGLR 230

Discovery and Interrogatories

1. Automatic discovery—under Rules of Court—Nature of—Notice for—Failure to comply—Default procedures available—National Court Rules, O9, r1, r2, r15.
        Credit Corporation (PNG) Ltd v Gerald Jee [1988-89] PNGLR 11

2. Interrogatories—Answers—Sufficiency of—Pleadings and admissions made in proceedings may be looked at in considering sufficiency.
        Cybula v Nings Agencies Pty Ltd [1978] PNGLR 166

3. Production of documents—Inherent jurisdiction of court—Document actually and visibly in court—Copy record of interview supplied by prosecution—Document not privileged.
        The State v Birch [1978] PNGLR 79

Education

1. Government school—Multi—racial school—Whether power in Board of Governors to impose "economic fee" to cover payment of overseas teachers salaries and allowances—Whether power in National Education Board to direct imposition of such a fee.
        Norah Mairi v Alkan Tololo (No 2) [1976] PNGLR 125

2. Government school—Multi—racial primary school—whether power in Board of Management to impose "economic fee" to cover payment of overseas teachers "salaries and allowances."
        James Saleng Mileng v Alkan Tololo [1976] PNGLR 447

3. Community schools—Absence of teachers throughout year—Pupils seriously disadvantaged—Power to order grades be repeated without payment of fees—Constitution, s155(4).
        Board of Management of Sikisa School v Independent State of PNG [1990] PNGLR 117

4. University of Technology—Disciplinary procedures—Powers of Vice—Chancellor—Power to act in "emergency"—Powers restricted to those contained in statute—No power to restrict rights—No power to vest powers of search—University of Technology Act 1986 (Ch170), s29(c).
        Gini v University of Technology [1991] PNGLR 201

Ejectment

1. Claim of recovery of land mesne profits—Holding over after expiration of licence agreement—Rent taken as measure of damages.
        Seafreight Pty Ltd v Bishop Shipping Services Pty Ltd [1976] PNGLR 22

Electricity

1. Offences—Fraudulent appropriation of power—Elements of offence.
        The State v Anthony Sim [1980] PNGLR 424

2. Offences—Fraudulent diversion of power—"Diver"—"Abstract"—Two separate offences.
        The State v Thomas Paipua [1980] PNGLR 402

Employment Law

1. Contract of employment—Breach of—Damages—Measure of—Airline pilot—Irrevocable re-employment rights for two-year period—no offer of re-employment—Damages to include amount pilot would have received during two-year period.
        Lysenko v National Airlines Commission trading as Air Niugini [1988-89] PNGLR 69

2. Employer's liability for injury to employee—Common law duty of care—Scope of—Not to expose to unnecessary risks—Risk of intentional injury from third party—Where employee residing in premises supplied in connection with employment—Failure to provide adequate security measures—Employee stoned by intruder—Employer liable.
        Colbert v The State [1988-89] PNGLR 590

3. Employment of non-citizens—Cancellation and revocation of permits—Whether judicial review available before statutory remedies exhausted—Whether abuse of process where pursued together—Employment of Non-citizens Act, s9.
        Kekedo v Burns Philp (Papua New Guinea) Ltd [1988-89] PNGLR 122

4. Contract of employment—Construction and effect—Re-employment clause—Airline pilots—Retention of "irrevocable rights to re-employment and seniority for two years"—Obligation to re-employ ceased after two years—Terms of employment—Usual terms subject to seniority applicable.
        National Airline Commission trading as Air Niugini v Lysenko [1990] PNGLR 226

5. Contract of employment—Restraint of trade by agreement—Validity and reasonableness—Employed pharmacist—Restraint on working within 40 km area—Whether reasonable in time and space and in public interest—Nature of profession and services in Papua New Guinea—Restraint unreasonable—Quaere applicability in light of protection of employment rights under Constitution.
        Taurama Pharmacy Pty Ltd v Sherwen [1990] PNGLR 127

6. Contract of employment—Wrongful dismissal—Damages for—Assessment of—Relevance of statutory provisions where not pleaded—Effect of liability for taxation—Salaries and Conditions monitoring Committee Act (Ch384)—Income Tax (Salary or Wages Tax) (Rates) Act 1979, s1.
        Rooney v Forest Industries Council of Papua New Guinea [1990] PNGLR 407

7. Contract of employment—Not in writing—What terms applicable—Power to terminate—Common law power to terminate at will—Circumstances displacing—Whether right to be heard on termination.
        Malai v Papua New Guinea Teachers Association [1991] PNGLR 116

8. Contract of employment—Not in writing—What terms applicable—Power to terminate—Common law power to terminate at will—Subject to statutory powers as to notice—Employment Act (Ch373)—Port Moresby Common Rule 1973, Cl 8.
        Steamships Trading Co Ltd v Joel [1991] PNGLR 133

9. Contract of employment—Construction of—Recruitment of non—citizen to skilled position—Position filled by another—Required to work in less skilled position—Clause agreeing to serve in any other capacity—Clause not intended to displace service contracted for—Clause conferring discretion—Discretion to be exercised reasonably and fairly—Contract breached.
        Independent State of Papua New Guinea v Hodson [1987] PNGLR 241

10. Employment of non-citizens—Repatriation expenses—Statutory liability for—Attaches to employer responsible for bringing non-citizen to "place for employment"—Duty to pay on termination—Whether employee leaves country irrelevant—Employment of Non-Citizens Act 1978, s3, s6, s15.
        Aquip Pty Ltd (Receiver Appointed) v Galo Gastronuevo [1987] PNGLR 491

11. Employment of non-citizens—Work permit—Application for by employer—Practice of entering country on temporary visa before permit granted improper—Non-citizen employee has no legal or constitutional standing without permit—Employment of Non—Citizens Act (Ch374), s6.
        Mugridge v Minister for Labour and Employment [1987] PNGLR 348

12. Contract of employment—breach of—Damages—Damages for vexation Whether foreseeable—measure of.
        Harding v Teperoi Timbers Pty Ltd [1988] PNGLR 128

13. Liability of master for injury to servant—Safe system of work—Duty of care—Duty commensurate with risk—Dangerous activity—Unreliable and nervous worker—Pile driving activity—High standard of care required.
        Timson Noki v Fraser [1991] PNGLR 260

14. Breach of contract of employment—Measure of damages.
        Naguwean v The Independent State of PNG [1992] PNGLR 367

15. Contract of employment—claim for wrongful dismissal—Disciplinary offences—Use of house loan facility afforded plaintiff by employer in accordance with public employees home ownership scheme—Continued use of staff accommodation as well as loan—Liability to vacate staff accommodation—Refusal to vacate for reasons person to the plaintiff's financial circumstances—Notice to vacate based on terms of home ownership scheme known to plaintiff—Refusal to vacate giving rise to disciplinary proceedings—Fairness—Powers of.
        Managing Director of Housing Corporation Huasase v National Housing Corporation [1992] PNGLR 310

16. Contract of employment—Contract part written part oral—Minimum terms and conditions of employment.
        Mosa Transport Pty Ltd v Dambe [1992] PNGLR 552

17. Dismissal—Construction of terms of the contract of employment—No contract of employment—Terms of employment and requirement for notice of termination of the contract of employment no better than those under Employment Act Ch.373.
        Malai v PNG Teachers Association [1992] PNGLR 568

18. Dismissal—In the absence of any statutory provision or a rule of an association providing for manner of dismissal, the rule of dismissal at will applied.
        Malai v PNG Teachers Association [1992] PNGLR 568

19. Duration of oral contract—To be determined by reference to period in which wages are paid.
        Mosa Transport Pty Ltd v Dambe [1992] PNGLR 552

20. Employees terminated by notice—Claim to accommodation for period beyond termination, "in accordance with custom"—Nature of custom—Master and servant relationship—In the light of "custom".
        National Airline Employees' Association of PNG v Air Niugini (No 1) [1992] PNGLR 287

21. Employment of citizen—Use of Public Service General Orders—Duty to be fair and just—Reviewable by the Court.
        Talin v PNG Waterboard [1992] PNGLR 211

22. Leave—Dismissal from employment in Post and Telecommunication Corporation—Statutory rights of employee—Procedures for dismissal.
        Application of Demas Gigimat [1992] PNGLR 322

23. Wrongful dismissal—Measurement of damages.
        Appa v Wama [1992] PNGLR 395

24. Action for wrongful dismissal—Injunctive relief sought—No jurisdiction in respect of contract or wages—Damages adequate remedy.
        Robinson v National Airlines Commission [1983] PNGLR 476

25. Agreement under Native Employment Act 1958—Employer's liability for payment of repatriation expenses at expiration of agreement.
        Mariboi Rubber Ltd v Imiam Yago [1976] PNGLR 158

26. Common law liability of master for servant—Contributory negligence.
        Jeremiah O'Hello v Kayel Shipping Co Pty Ltd [1980] PNGLR 361

27. Contract of employment—Action for wrongful dismissal—Defences—Alleged misconduct—Terms implied and written.
        Yarlett v New Guinea Motors Pty Ltd [1985] PNGLR 14

28. Contract of employment—construction—Required to work in less skilled position—Clause agreeing to serve in any other capacity—Breach by Employer—Damages.
        Hodson v Independent State of Papua New Guinea [1985] PNGLR 303

29. Contract of service—Remuneration—Meaning of "bonus".
        Breckwoldt & Co (NG) Pty Ltd v Gnoyke (No 2) [1975] PNGLR 195

30. "Contract of service"—Contract part written part oral—Where no express provision of termination—Reasonable notice required.
        Brendel v Golden Square Pty Ltd [1983] PNGLR 257

31. Contract of employment—Construction and effect—Termination of services—No reason given or required—Redundancy clause.
        National Airline Commission Trading as Air Niugini v Valerian Lysenko [1986] PNGLR 323

32. Employment contract—With non—citizen—application of Statutes—Employment Act 1978 applicable to citizens only—Employment of Non—Citizens Act 1978 applicable.
        Atlas Plant Hire Pty Ltd v Beck [1984] PNGLR 158

33. Liability of master for injury to servant—breach of statutory duty—Mines—Strict liability for injury caused by breach—Common law liability—Contributory negligence—Plaintiff exposing himself to risk of injury.
        Lubbering v Bougainville Copper Ltd [1977] PNGLR 183

34. Liability of master for injury to servant—common law liability—duty of employer to devise institute and maintain safe system of work.
        Edwards v Jordan Lighting [1978] PNGLR 273

35. Injury in course of employment—Liability for damages—Common law claim and workers' compensation claim alternative remedies—Workers' Compensation Act (Ch179), s84(4).
        Joseph Tonava v Electricity Commission of Papua New Guinea [1987] PNGLR 81

36. Liability of Master—Negligence of servant driving motor vehicle—No common law right to indemnity—Statutory power to order contribution discretionary—Relevant considerations—Contribution of 20 per cent ordered—Wrongs (Miscellaneous Provisions) Act (Ch297), s37(2)(c).
        Kosi Bongri v Independent State of Papua New Guinea [1986] PNGLR 478

37. Employment of non-citizens—Employment Act—Application to non-citizens—Conflicting decisions of the National Court.
        Mayer v Lutz [1996] PNGLR 163

Estoppel

1. Equitable estoppel—Lease of government land—Occupied by "squatter" settlement—Whether lessee takes subject to equitable interest—Nature of remedy.
        Ready Mixed Concrete Pty Ltd v Independent State of Papua New Guinea [1981] PNGLR 396

2. Matters preventing existence of estoppel—Custody order—Order on its face made without jurisdiction—Application for writ of habeas corpus based on order—Power to go behind order.
        Nora Ume v Martin Neni [1978] PNGLR 71

3. Equitable estoppel—Principles—Need for clear, unambiguous representation—need for material disadvantage from reliance on—Joint venture agreement—hydro—electric construction—Arbitration clause—Time limit on referral to arbitration—Settlement negotiations—Referral not notified in time—Whether estoppel.
        Thiess Watkins (PNG) Ltd v PNG ELCOM [1988-89]
        SC415 Thiess Watkins v Kumagai Gumi Co Ltd and PNG Electricity Commission ELCOM
        N768 Thiess Watkins v Kumagai Gumi Co [1988-89] PNGLR 454

4. Res judicata—Employment contract—Breaches of—Claim for failure to pay redundancy allowances—Claim determined—Whether claim for breach of re-employment provisions estopped—Dispute terms within one clause—Separate causes of action—No estoppel.
        Lysenko v National Airlines Commission trading as Air Niugini [1988-1989] PNGLR 69

5. Res judicata—Employment contract—Breaches of—Claim for failure to pay redundancy allowances—Claim determined—Whether claim for breach of re-employment provisions estopped—Disputed terms within one clause—Separate causes of action—No estoppel.
        National Airline Commission trading as Air Niugini v Lysenko [1990] PNGLR 226

Equity

1. Estoppel—State land occupied by squatters—Nature of 'proprietary estoppel.'
        Bai v Morobe Provincial Government [1992] PNGLR 150

2. Principles of—Appropriateness of to Underlying Law—Discussion—Equitable leases Constitution, Sch2.2
        Wine v Giglmai [1990] PNGLR 462

3. Statute not permitted to be used as cloak of fraud.
        Putput Logging Pty Ltd v Ambalis [1992] PNGLR 159

4. Unjust enrichment—Measurement of damages.
        Putput Logging Pty Ltd v Ambalis [1992] PNGLR 159

Evidence

1. Admissions—Judicial discretion to reject—Demonstration at scene of killing—No caution given.
        R v Suk Ula [1975] PNGLR 123

2. Admissibility—Statement of only eye—witness taken by defendant's investigator—Motor vehicle accident—Statement obtained 25 days after event.
        Kerr v Motor Vehicles Insurance (PNG) Trust [1977] PNGLR 461

3. Admissibility—hearsay evidence admissible under s217 of Organic Law on National Elections—Weight to be attached thereto.
        In Re Menyamya Open Parliamentary Election [1977] PNGLR 298

4. Admissibility—Hearsay—Res gestae—Admissible as part of res gestae subject to possibility of concoction or fabrication.
        Edwards v Jordan Lighting [1978] PNGLR 273

5. Admissibility—hearsay—Admissible as part of res gestae subject to possibility of concoction or fabrication—second hand hearsay.
        Dowsett Engineering v Edwards [1979] PNGLR 426

6. Admissions against interest—Admissions contained in report—subsequent application to withdraw document—contents of document admissible.
        Minister for Lands v Frame [1980] PNGLR 437

7. Admissibility—Evidence obtained by improper means—If relevant and admissible no discretion to reject—customs offence—customs officer acting as agent provocateur.
        The State v Malala Hore [1981] PNGLR 536

8. Admissibility—Witnesses present in court—Weight of evidence may be reduced.
        Madeline Kiso v Angela Manumanua [1981] PNGLR 507

9. Admissibility—Statements made in court—Use in subsequent proceedings—Not admissible as judicial document on proceedings—Methods of tendering.
        Oscar Tugein v Michale Gotaha [1984] PNGLR 137

10. Admissibility—Fresh evidence—Re-opening case—Discretion of court—Relevant considerations—Whether ruling on admission of appealable.
        Straits Contracting (PNG) Pty Ltd v Branfil Investments Ltd [1988] PNGLR 239

11. Admissibility—leading questions—What are.
        The State v Daniel [1988-89] PNGLR 580

12. Admissibility—Dying declarations—Religious beliefs of declarant irrelevant—Evidence Act (Ch48), s20.
        The State v Enny Bulen [1990] PNGLR 43

13. Admissibility—Examined copy—What constitutes—judicial notice—Evidence Act (Ch48), s44(c).
        Mesulam Tomalana v Drug House of Papua New Guinea [1991] PNGLR 65

14. Business records—Tender of—Proof of facts therein—Validity not questionable.
        Motor Vehicles Insurance (PNG) Trust v Lucian Vevehupa [1984] PNGLR 224

15. "Business" records—Admissibility—Hospital records—Proof of system required.
        Doa Kerua v Independent State of PNG [1981] PNGLR 357

16. Circumstantial evidence—proof of adultery by—Principles applicable.
        Martha Aeava v Oa Ikupu [1986] PNGLR 65

17. Civil proceedings—Use of criminal conviction—Use permitted to establish facts.
        Aundak Kupil v Independent State of PNG [1983] PNGLR 350

18. Competency—Child—Examination as to competence—Need for court to be satisfied that child understands liability to punishment if evidence false—understanding that wrong to tell lies insufficient—Oaths, Affirmations and Statutory Declarations Act s6.
        Java Johnsons Beraro v The State [1988-89] PNGLR 562

19. Course of action—Reopening case—Fresh evidence—Discretion of court.
        Parao Tunboro v Motor Vehicles Insurance (PNG) Trust [1984] PNGLR 272

20. Customary law—question of fact—Mode of proof.
        Henry Aisi v Malaita Hoala [1981] PNGLR 199

21. Facts excluded from proof—medical privilege—Extend of—Vests in patient—covers registered medical practitioner or proven agent—Must be for purpose of obtaining medical treatment—Hospital staff normally included.
        SCR No 2 of 1984—Re Medical Privilege [1985] PNGLR 247

22. Handwriting—Comparison of—Expert evidence not essential—Judge sitting alone to warn himself—Evidence Act s31.
        The State v Baine [1990] PNGLR 1

23. Insurer raising defence of exceptions in policy—Whether insured entitled to call evidence in rebuttal or split case—Proof of exceptions—Onus of proof—Common law applicable—Sch2.2 Constitution.
        Agmark Pacific Pty Ltd v Queensland Insurance (PNG) Ltd [1992] PNGLR 454

24. Judicial notice—Matters of common knowledge—Sources and distribution of electrical power.
        The State v Anthony Sim [1980] PNGLR 242

25. Judicial notice—When may be taken—Whether fact of non-manufacture of video tapes in Papua New Guinea can be noticed.
        Ketsimur v Morerei [1987] PNGLR 235

26. Motor vehicle accident—Claim for damages—Claim against authorised third party insurer—Absence of certificate of insurance and registration—Conflict of evidence—Necessity to prove elements of statutory prerequisites to claim under the Motor Vehicles (Third Party Insurance) Act—Sufficiency of proof.
        Alo v MVIT (PNG) Trust [1992] PNGLR 487

27. Non—publication order—Interests of justice—potential damage in publication.
        Olasco Niugini Pty Ltd v John Kaputin [1986] PNGLR 244

28. Notice to quit in file is admissible as "business" record—Evidence Act.
        Bai v Morobe Provincial Government [1992] PNGLR 150

29. Privilege—Public interest claim—State papers—National security.
        Joseph Lenuel Raz v Paulus Matane [1986] PNGLR 38

30. Proceedings for offences—Offence created by law—Application of law to particular time or place by proclamation or notice—Proof of offence at relevant time—Proclamation or notices must be proved.
        Peter Rose v Yamu Samuel [1987] PNGLR 1

31. Proving of facts in issue—Hearsay evidence—Nature of and weight of before Land titles commission discussed.
        Re Fisherman's Island [1979] PNGLR 202

32. Proof of identity—Identification by voice—Methods of—When admissible.
        The State v Daniel [1988-89] PNGLR 580

33. Swearing and Oaths—Competency—child of tender years—Manner in which evidence to be taken.
        Rolf Schubert v The State [1979] PNGLR 66

34. Witnesses—Control of court over—Questioning by trial judge.
        Birch v State State v Birch [1978] PNGLR 79 and [1979] PNGLR 75

35. Witnesses—Hostile witness—Prior inconsistent statement—Leave to introduce or cross—examine on—Discretion of court—Circumstances in which statement made—Relevant considerations—Possibility of intimidation—Leave refused—Evidence Act (Ch48), s22, s23.
        The State v Kole Nawa [1991] PNGLR 76

36. Affidavit evidence—Notice to produce deponent for cross-examination under Evidence Act (Ch48), s36—When notice should be given—Evidence Act (Ch48), s35(1), s35(2) and s36; Interpretation Act (Ch2), s12—Interlocutory ruling.
        Liwame v Yansuan [1996] PNGLR 43

37. Admissibility of confessions—Short answers—Weight to be attached—Other motive for admission—Identification of accuseds difficult.
        State v Julio [1996] PNGLR 243

38. Confessions only evidence—Whether sufficient to support conviction—Wilful murder—No evidence of identification—Alibi uncorroborated—Voire dire.
        State v Malepo (No 2) [1996] PNGLR 252

39. Conflicting evidence—Evidence of victim not available before the Court.
        State v Kupok [1996] PNGLR 271

40. Evidence by affidavits—Conflicting affidavits—Power of Court requiring evidence to be given—Evidence Act (Ch48) s35(3).
        Pulube v Wapia [1996] PNGLR 293

41. Tendered written statements—Whether Court can direct other witnesses to be called—Best Evidence Rule—Need for cross examination—Witnesses to be called—Interlocutory Order.
        State v White (No 1) [1996] PNGLR 262

Execution and Attachment

1. Costs of—Writ of fi fa—costs on writ payable to judgment creditor. Port Moresby City Council v Sheriff of Papua New Guinea—Ex Parte
        Port Moresby City Council [1981] PNGLR 477

2. Charging orders—What funds available for—Payment into court not available until accepted.
        Counsel (Trading as Trans PNG Services) v Western Resources Ltd [1986] PNGLR 215

3. Execution of judgment for principal sum plus interest—Distinguished from right to sue on judgment.
        Australia & New Zealand Banking Group (PNG) Ltd v Short [1986] PNGLR 57

4. State as judgment debtor—Statutory prohibition on "execution" against State Precludes payment into Court—Precludes examination of offices of State as to assets—Claims By and Against the State Act (Ch30), s6, s7.
        Wagambie v Rockus Lokinap [1991] PNGLR 145

Family Law

1. De facto relationships—Expenditure incurred during cohabitation—Whether recoverable by action.
        Bulage v Ben [1990] PNGLR 473

2. Dissolution of marriage—Grounds for separation—Continuous period of not less than five years—Whether interrupted by access visits to children—Matrimonial Causes Act (Ch282), s17(m).
        Kiruhia v Kiruhia [1991] PNGLR 401

3. Maintenance—Enforcement of orders—By imprisonment—Application to enforce—Standard of proof—On balance of probabilities—Means and ability to pay—Discretion to imprison—Adultery by wife—Effect of—Maintenance Orders Enforcement Act (Ch279), s4, s5—Deserted Wives and Children Act (Ch277), s11.
        Jubilee v Evalo [1991] PNGLR 98

4. Marriage—Proof of—Whether de facto relationship recognised by custom.
        Re Thesia Maip [1991] PNGLR 80

5. Settlement of property—Decree obtained outside Papua New Guinea—No jurisdiction to entertain.
        Freingruber v Freingruber [1983] PNGLR 274

Fisheries

1. Offences—Evidence—'Equipment' used or capable of being used for fishing—Whether includes catch record of gilnetters—Legislative intention—Fisheries Act s9.
        Chern Jin Fa v Naniura [1990] PNGLR 506

2. Fisheries Act 1994—Prosecutions under Fisheries Act—Observations on purpose and intention of the Fisheries Act—Master of foreign vessel—Conditional release not sufficient.
        Pawut v Bee [1996] PNGLR 26

3. Fisheries Act 1994, s55—Offence of fishing without a licence and fishing in breach of the conditions of a licence.
        Ada v Beau [1996] PNGLR 172

Gaming and Wagering

1. Contract of chance—Sale of raffle tickets with permit—Method of draw not disclosed—Implied term that first prize going to first drawn—Breach of contract where first prize going to third ticket drawn—Gaming Act (Ch270).
        Kimbe International Primary School v Narpal [1987] PNGLR 442

2. Offences—Unlawful game—Declaration of—Offence under Summary Offences Act to be declared under that Act.
        Michael Ayakamp v Guringing B. [1981] PNGLR 531

Guarantee and Indemnity

1. Contract of guarantee—What constitutes—Security deposit under construction contract—Whether guarantee—Unconditional promise to pay money on demand—Whether consideration—Not under seal.
        National Housing Commission v Queensland Insurance (PNG) Ltd [1988-89] PNGLR 474

2. Deed of indemnity—Whether too vague and uncertain as to be enforceable—Guarantee of mortgage to be entered into—Terms acted upon—Intention that deed have legal effect—Specific performance available.
        Woodward v Woodward [1987] PNGLR 92

3. Distinction between guarantee and primary liability—Acknowledgement of debt not guarantee of liability for debt.
        Niugini—Lloyds International Bank Ltd v Sakora [1987] PNGLR 275

4. Proceedings for—Time for bringing—Carriage of goods by sea—Action for loss or injury in transit—Statutory provision as to time for making claim—Indemnity proceedings based on claim—Indemnity proceedings barred if claim barred—Sea carriage of Goods Act (Ch261), Art III, r6.
        Pimco Shipping Pty Ltd v Moeder [1987] PNGLR 427

Harbours and Harbour Trusts

1. Responsibility for storage of goods—By—law exempting liability for loss or damage.
        Rabaul Stevedores Ltd v Benedict [1984] PNGLR 248

Highways

1. Creation and extinction—Closing road—Ministerial powers—Notice in gazette Notice discretionary—Fair and reasonable exercise of power—Application to streets within "town"—Application to streets required for access to property—Streets closing Act s2—Town boundaries Act (Ch8)—Cities Act (Ch4).
        Morobe Bakery Pty Ltd v Minister for lands and Physical Planning [1990] PNGLR 96

Human Rights

1. Breach of constitutional rights—Inhuman treatment—Detention contrary to Arrest Act—Assault by police officers.
        David Wari Kofowei v Augustine Siviri [1983] PNGLR 449

2. Fundamental rights—Protection of law—Cruel and inhuman punishment and treatment—Inherent dignity of the human person—Prison detainees—Assaults by prison warders occasioning bodily harm.
        Re Heni Pauta [1982] PNGLR 7

3. Fundamental rights—Protection of law—Prisoner detainees—Treatment which is cruel, inhuman, harsh and oppressive—Nature of rights—Solitary confinement.
        Tom Amaiu v Commissioner of Corrective Institutions [1983] PNGLR 87

4. Protection of basic rights—Right to Legal aid—refusal by Public Solicitor—Discretion in National and Supreme Court to direct Legal aid.
        Mathias Evertz v State [1979] PNGLR 174

5. Right to life—"General principles of humanity"—Custom of payback contrary to.
        Public Prosecutor v Apavu Keru [1985] PNGLR 78

6. Right to privacy—Relationship to medical privilege.
        SCR No. 2 of 1984—Re Medical Privilege [1985] PNGLR 247

7. Unlawful confinement—Failure to inform defendant of reason for confinement.
        R v Edison Kopada Besia [1975] PNGLR 74

8. Unreasonable detention—Right to fair hearing within reasonable time—Charge of wilful murder—No hearing after eleven months.
        The State v Peter Kakam Borarae [1984] PNGLR 99

9. Application of Enforcement—Alleged breach of Constitutional rights—Destruction of property—Identification of perpetrators.
        Application of Tataki [1996] PNGLR 90

Immigration and Aliens

1. Aliens—Deportation—Cancellation of entry permit—Applicability of rules of natural justice.
        Joseph Lemuel Raz v Paulus Matane [1986] PNGLR 38

2. Aliens—Deportation—Cancellation of entry permit—Reasons for—No statutory requirement for—Statutory context necessitating reasons to be given—order to give reasons refused—Grounds known and acted on—Migration Act s6.
        Valentine v Somare (No. 2) [1988-89] PNGLR 241

3. Aliens—Deportation order—Judicial review of—Whether unlawful act under Constitution—Principles of natural justice relevant—Political reasons for order not reviewable—Constitutiona. s41—Migration Act (Ch16), s6.
        Valentine v Somare (No 2) [1988-89] PNGLR 241

4. Deportation—Detention pending deportation.
        Perryman v Minister for Foreign Affairs and Trade [1982] PNGLR 339

5. Entry permit—Whether civil right—Revocation of entry permit—Whether principles of national justice applicable to administrative enquiry.
        Premdas v Independent State of Papua New Guinea [1979] PNGLR 329

6. Offences—Entering country with entry permit—"Refugee" from Irian Jaya.
        Abel Pagawa v Mathew [1986] PNGLR 154

7. Offences—Knowingly harbouring prohibited immigrants—What constitutes offences.
        Eiserman v Nanatsi [1978] PNGLR 457

8. Prohibited immigrants—Deportation—No power in court to order deportation—Deportation—Deportation, exercise of executive power—Entry without entry permit—Honest error—Carriers' functions and responsibilities.
        Schuiling v Krau [1977] PNGLR 176

9. Prohibited immigrants—Entry without permit—Elements of offence.
        Jacob Hendrich Prai v The Government (No.2) [1979] PNGLR 247

10. Prohibited immigrants—No valid entry permit—No valid work permit—Order for cancellation of entry permit—no order can be made where no valid permit—order for removal from country—no standing to seek review of decisions—Constitution, s155(4)—Migration Act (Ch16), s6, s12.
        Erwin Guggemos v Acting Minister for Foreign Affairs [1987] PNGLR 352

Income Tax

1. Allowable deductions—Losses of previous years—Requirement of beneficial holding of 50% of shares—"Beneficially held".
        Thiess Bros (Pacific) Pty Ltd v Chief Collector of taxes [1977] PNGLR 62

2. Allowable deductions—outgoings incurred in gaining of producing assessable income—Capital items—Principles for determining—Interest rent and rates—Paid during construction phase of hotel.
        Travelodge Papua New Guinea Ltd v Chief Collector of Taxes [1985] PNGLR 129

3. Allowable deductions—Loss from variation in exchange rate—Foreign currency borrowings by a manufacturing trading company—Whether exchange losses on revenue or capital account—Relevance of purpose for which moneys borrowed—Funds used to pay running expenses of business—income Tax Act, s6891).
        Barlow Industries Pty Ltd v Chief Collector of Taxes [1987] PNGLR 384

4. Appeal on question of law—Whether facts fall within statutory provision a question of law.
        The Chief Collector of Taxes v James Morton Folkes [1981] PNGLR 58

5. Appeals—Review Tribunal—Jurisdiction—No power in National or Supreme Court to order costs.
        Thiess Bros (Pacific) Pty Ltd v Chief Collector of Taxes [1982] PNGLR 385

6. Arrangements to avoid liability for tax—private company—Sale of all shares—Accumulated profits—Dividents withheld—loan.
        Chief Collector of Taxes v Folkes [1982] PNGLR 257

7. Collection and recovery—Proceedings for recovery—Conclusiveness of notice of assessment—Judgment by default—Defence on merits not available—Income Tax Act, s239(1).186
        Chief Collecter of Taxes v Dickson Panel Works Pty Ltd [1988] PNGLR

8. Liability for—Interest paid by company to non-resident—Money used in "acquiring assets for use in Papua New Guinea".
        Global Marine Australia Inc v Chief Collector of Taxes [1986] PNGLR 123

9. Penalties and prosecutions—Liability of "employer"—Failure to lodge Statements of Earnings—Where employer provincial government—Definition applicable "except in relation to the imposition of a penalty"—Provincial government not liable for penalty—Income Tax Act, s299C, s299G.
        Chief Collector of Taxes v Fly River Provincial Government [1990] PNGLR 284

10. Rebate of tax—Dividends received by non-resident public company.
        Woodhall Ltd v Chief Collector of Taxes [1975] PNGLR 157

11. Recovery of tax—summary proceedings for recovery—Taxpayer precluded from raising validity of assessment in those proceedings.
        Chief Collector of Taxes v TA Field Pty Ltd [1975] PNGLR 144

12. Recovery of tax—Writ of summons pleading notice of assessment—Notice to plead facts given—Writ sufficient pleading—Notice of assessment conclusive—Income Tax Act, s239.
        Chief Collector of Taxes v Lucky Star Cordials P/L (formerly Lae Cordial Factory P/L) [1988-89] PNGLR 20

13. Scheme or arrangement for avoiding payment of tax—Division of profits as capital and net income.
        Chief Collector of Taxes v Thomas [1976] PNGLR 571

14. Taxation prosecutions—Evidence and onus of proof on—Averment of prosecutor—Prima facie evidence—summary dismissal not available—Unaffected by Constitutional presumption of innocence—Income Tax Act 1959, s333(1)—Constitution, s37(4)(a)—National Court Rules, O10, r14.
        Chief Collector of Taxes v Blasius Dilon [1990] PNGLR 414

15. Taxation prosecutions—Nature of proceedings—Criminal proceedings—"In accordance with usual practice and procedure of the court in civil cases"—Averments as proof of matters alleged—Denial of presumption of income—Proceedings unconstitutional—Constitution, s37(3)(4)(a)(10)—Income Tax Act 1959, s299G(9), s299G(10), s327, s333(1).
        SCR No 2 of 1990; Re Constitution s37(4)(a) and s327, s333 of the Income Tax Act 1959 [1991] PNGLR 211

Industrial Law

1. Industrial Tribunal—Jurisdiction—"Industrial dispute"—Prerequisite to jurisdiction—Request for reasons for termination of employment Not contesting of particulars of contract of employment—Not industrial dispute—Industrial Relations Act (Ch174), s25—Industrial Organizations Act (Ch173), definition section.
        Steamships Trading Co Ltd v Joel [1991] PNGLR 133

2. Jurisdiction and powers in Industrial Tribunals—:"Industrial Dispute"—Retrospectivity of award—Termination of services.
        Re Condon and National Airline Commission of PNG [1978] PNGLR 1

3. Offences—Dismissing employee by reasons of "dissatisfaction with his conditions'—Onus of proof—Elements of offence to be proved beyond reasonable doubt—Proof that employer not acting for reasons alleged on balance of probabilities—Employee must be dissatisfied with own conditions—Executive membership of union not sufficient—Industrial Relations Act s63.
        Steamships Trading Co Ltd v Ruba Leva [1988-89] PNGLR 248

4. Public Services Conciliation and Arbitration Tribunal—Effect of findings of fact & law by Chairman and Tribunal—"Indusrial action".
        British and New Zealand Exempt Employees Association of Papua New Guinea [1976] PNGLR 67

5. Tribunal—Jurisdiction—Industrial dispute—claim within three months after termination of contract of employment.
        Steamship v Dandi—Re Skedden [1976] PNGLR 303

Infants and Children

1. Adoption—Applicants domiciled Australia, resident New Guinea—child, foreign national previously adopted by female applicant and then husband.
        In Re Adoption of Infant R [1976] PNGLR 81

2. Adoption—Discharge of adoption order—application for discharge by Secretary for Justice.
        In Re N a female child [1980] PNGLR 64

3. Adoption—Discretion—Older sister adopting younger sister—Applicants Australian citizens—Child citizen and resident of Fiji—Object of application ultimately to acquire Australian citizenship.
        Re K [1979] PNGLR 520

4. Adoption—Evidence—Fresh evidence in relation to interests and welfare of child.
        K and K.V. Director of Child Welfare [1981] PNGLR 333

5. Adoption—Principles—Welfare and interests of child—Automatic citizen child of Papua New Guinea—Adopting parents white Australian.
        K and K.V. Director of Child Welfare [1981] PNGLR 333

6. Adoption—Evidence—Appeal against refusal of order—Fresh evidence on appeal—Strict application of rules of evidence on appeal—Strict application of rules of evidence to be waived where interests and welfare of child paramount consideration.
        H and H.V. Director of Child Welfare [1980] PNGLR 89

7. Adoption—Single person seeking order—Exceptional circumstances—Applicant—Father of Child.
        Re G (an infant) [1980] PNGLR 495

8. Adoption by one person—Exceptional circumstances—Applicant natural father—Natural mother consenting.
        In Re TTB an infant [1983] PNGLR 215

9. Adoption—Application for—practice and procedure on—Welfare Officer's report—Access to by applicants—Cross—cultural identity problem.
        ET and CT v Director of Child Welfare [1984] PNGLR 25

10. Adoption—Adoption by custom—application by foreigners—Certificate of adoption not available—Certificate of guardianship available.
        Re E and D [1984] PNGLR 278

11. Adoption—Principles—Welfare and interests of child—Cross—cultural adoption.
        Re E (an infant) [1984] PNGLR 19

12. Adoption—Jurisdiction—Residence or domicile at time of "application"—Means time of originating process—Adoption of Children Act (Ch275), s3.
        Application of RW AND SW [1991] PNGLR 308

13. Adoption—Jurisdiction—"Residence" as requirement of—Some degree of permanence required—visitor not resident.
        Re Child A [1985] PNGLR 121

14. Affiliation and maintenance—Native child—Jurisdiction of Local Court and Children's Court concurrent.
        X v Y [1977] PNGLR 34

15. Age of dependency—Dependency claim—Eighteen years appropriate.
        Tapi v Motor Vehicles Insurance (PNG) Trust [1990] PNGLR 568

16. Age of majority—Eighteen years appropriate to circumstances of country.
        Rohrlach v v Evangelical Lutheran church of New Guinea Property Trust [1985] PNGLR 185

17. Crimes and offences by children—Sentence—Court exervising powers of Childrens courts.
        SCR No. 1 of 1985—Inakambi Singorom v John Kalaut [1985] PNGLR 238

18. Crimes and offences by children—Sentence penalty provisions.
        John Worofang v Patrick Wallace [1984] PNGLR 144

19. Crimes and offences by children—Sentence—Offender between sixteen and twenty—one years—Sentencing powers of Children's Court available at discretion of National Court.
        The State v Sebastian Akuta Rapi [1985] PNGLR 23

20. Criminal proceedings—Jurisdiction of village courts.
        SCR No. 6 of 1981 [1982] PNGLR 308

21. Crimes and offences by children—Sentence—Offence punishable by life Imprisonment—No power to declare ward of Director of Child Welfare—Discretionary considerations—Child Welfare Act (Ch276), s32(4)—Criminal Code (Ch262), s19—Constitution, s155(4).
        The State v S [1987] PNGLR 271

22. Crimes and offences by children—Sentence—Robbery and wounding with intent—Accused aged 14 years—Plea of guilty—Wounding by co-offenders—Concurrent sentences of four and two years—Sentences to be served at Boys Town until age 16—At 16 sentences suspended on entering into good behaviour bond.
        The State v S [1987] PNGLR 271

23. Custody—Welfare paramount consideration—Relevance of mother factor.
        WP v DP [1982] PNGLR 1

24. Custody—Welfare of infant—Welfare paramount consideration.
        Bean v Bean [1980] PNGLR 307

25. Custody—Automatic citizens—Law applicable—customary law and common law to be applied.
        Daisy Derbyshire v Graham Tongia [1984] PNGLR 148

26. Custody—Illegitimate child—Law applicable—Court to exercise powers as parents patriae.
        RG v MG [1984] PNGLR 413

27. Custody—Female child of tender years—Customary law.
        Anis v Anis [1977] PNGLR 5

28. Custody—Jurisdiction and powers of District Court—Claim by father.
        Agua Bepi v Aiya Simon [1986] PNGLR 233

29. Custody and maintenance—illegitimate child—Jurisdiction of District Court.
        PR v SC [1986] PNGLR 68

30. Custody—Access—Varion of access order—Leave to take child out of jurisdiction—Relevant considerations—Welfare of child paramount—Conditions for granting leave to remove children from jurisdiction temporarily.
        Hawker v Hawker [1987] PNGLR 257

31. Custody—Automatic citizens—Application of Infants Act—Relevance and importance of customary law—Strong evidence of custom in rural area—Claim by relatives of deceased father—Three year old female child—Claim granted—Infants Act (Ch278), s2.
        Wan v Kail Komun [1990] PNGLR 322

32. Custody—Mother factor cannot be paramount where it is shown that she is not in a best position—Welfare of child.
        Tom Kayiak [1992] PNGLR 171

33. Definition—"child"—Concealing birth of child.
        The State v Meli Heti [1977] PNGLR 173

34. Inherent jurisdiction of National Court—Powers—Ex gratia payment for benefit of infant—Whether power to order payment into court for protection of funds—Infants Act (Ch278), s15—Constitution, s155(4), s185.
        Lamuo Timon v Robert Laurie Co Pty Ltd [1990] PNGLR 120

35. Proceedings by and on behalf of—Party suing in representative capacity.
        Rus Mongogl v Motor Vehicles Insurance (PNG) Trust [1985] PNGLR 300

36. Sanctioning of settlements—Compromise of action for benefit of infants—prior payments to infant under statute.
        Topuri Tapie v Motor Vehicles Insurance (PNG) Trust [1986] PNGLR 78

37. Sanctioning of settlements—Practice and procedure—Impartial opinion of independent counsel required.
        Gibb v Conboy and Kumrak Plantations Pty Ltd [1977] PNGLR 311

38. Sanctioning of settlements—Powers of National Court—Effect of Independence and Constitution on royal prerogative as parens patriae.
        Monomb Yamba v Maits Geru [1975] PNGLR 322

39. Sanctioning of settlements—Settlement including compromise—Relevant considerations—Parent defendant—Possibility of parental financial loss disadvantaging infant plaintiff irrelevant.
        Bradford v Bradford [1975] PNGLR 305

40. Sanctioning of settlements—Practice and procedure on.
        Koni Nim v Papua New Guinea [1984] PNGLR 232

41. Sanctioning of settlements—Dependency claim—Age of dependency—Eighteen years more appropriate than sixteen years—Refusal to sanction compromise.
        None v Motor Vehicles Insurance (PNG) Trust [1990] PNGLR 561

Inferior Courts

1. District courts—committal proceedings—Judicial review of—Certiorari available.
        The State v Rush—Ex Parte Rush [1984] PNGLR 124

2. District courts—Costs—Power of court to award costs—No power to award damages.
        Aruru Antar v Pius Nime [1975] PNGLR 296

3. District courts—costs—Criminal jurisdiction—Simple offence—No power to award costs.
        Veronica Wangiwa v Agatha Harangu [1985] PNGLR 205

4. District court—Party and party—Costs awarded must accord with prescribed scales.
        Baiyer River Local govt. Council v Robert Yandapu and Kundi Maku [1980] PNGLR 430

5. District court—Costs—Criminal jurisdiction—Principles for awarding.
        Dennis McEnroe v Felix Mou [1981] PNGLR 222

6. District courts—Costs—Criminal jurisdiction—Simple offence—No power to award costs.
        Agatha Harangu v Veronica Wangiwa [1984] PNGLR 244

7. District courts—Jurisdiction—No power in magistrate to alter conviction or sentence once pronounced.
        The State v Senior Stipendiary Magistrate [1976] PNGLR 344

8. District Court—Jurisdiction—Power to decide rightly or wrongly within jurisdiction—Appeal appropriate remedy for error.
        Ex Parte Papadakis [1977] PNGLR 314

9. District courts—Jurisdiction and power—Maintenance orders—Power to discharge Local Court order.
        Igua Nou v Karoho Vagi [1986] PNGLR 1

10. District Courts—Jurisdiction and powers—Summons for repayment of brideprice—Order for imprisonment of wife pending payment of brideprice by relatives—Orders ultra vires.
        Agua Bepi v Aiya Simon [1986] PNGLR 233

11. District courts—Practice and procedure—Informations—Nature of—To disclose one offence only and each element of offence.
        Jacob Henrich Prai v Officer of the Government of Papua New Guinea (No. 2) [1979] PNGLR 247

12. District courts—Procedure—Information—Procedure to be followed when defendant present.
        Gaigo Kakore v Sing [1975] PNGLR 104

13. District courts—Practice and procedure—Committal proceedings—Accused may be subjected to cross—examination.
        The State v Nagiri Topoma [1980] PNGLR 18

14. District courts—Practice and procedure—Commital proceedings—Hand—up—brief procedure—Right to cross—examine witnesses on.
        Philip Nagira v Besasparis [1986] PNGLR 199

15. District courts—Practice and procedure—Information—Amendment—Where variance between charge and evidence.
        Utula Samana v Demas Waki [1984] PNGLR 8

16. District courts—Sentencing powers—Minimum penalty prescribed—Discretion to impose fine—Fine inadequate—Minimum penalty provision applicable.
        Peter Kekai v Munagun [1984] PNGLR 5

17. District courts—Sentencing—Discretionary dispositive powers—When vailable—Charge to be proved first.
        Ito Memairi v Nelson Guia [1984] PNGLR 66

18. District court—Sentencing—Magistrates sentencing policies undesirable—Conviction for stealing.
        Vagi Gau v Ken Kone Eava [1976] PNGLR 485

19. District courts—Sentencing—Riotous behaviour.
        Yamore Memera v Mathew Bisang [1976] PNGLR 419

20. District Courts—Practice and procedure—Prosecution—Duty to elicit all facts—Where defendant unrepresented.
        Steven Loho v Michael Hambindua [1985] PNGLR 286

21. District Courts—Grade v magistrates—Sentencing powers—Indictable offences dealt with summarily.
        Lucas Nep Kororo v Moses Jaruka [1983] PNGLR 392

22. District courts—Jurisdiction—Election to proceed summarily—Sentencing powers of magistrate—Discretion to commit retained—Indictable offences dealt with summarily—Application to set aside—Practice on.
        Sai Isara v Jonathan Klei [1983] PNGLR 217

23. District Courts—Maximum penalty prescribed—Maximum to be reserved for worst kind of offence.
        Fleming v Gwale Dau [1983] PNGLR 339

24. District courts—Practice and procedure—Fraudulent debtors—Strict proof required—Need to prove fraudulent conduct.
        Wama Bole v Willie Imbeli [1983] PNGLR 128

25. District Court—Sentencing—Statutory dispositive powers—"Character"—"Antecedents"—"Trivial nature of the offence".
        Freda Nup v Chris Hambuga [1984] PNGLR 206

26. District Courts—Summary offences—Prescribed minimum penalty—Discretionary dispositive powers of court still available.
        Laho Kerekere v Robin Miria [1983] PNGLR 277

27. District courts—Jurisdiction—Quashing information—No relevant statutory power—No power to quash—District Courts Act (Ch40).
        Peter Rose v Yamu Samuel [1987] PNGLR 1

28. District courts—Practice and procedure—Cause of action—Jurisdiction confined to what stated in summons or complaint—where incorrect cause of action pleaded—Powers of National Court on appeal—District Courts Act (Ch40), s133(1), s137.
        Niugini—Lloyds International Bank Ltd v Sakora [1987] PNGLR 275

29. District Courts—Appeal to National Court—Appeal from "conviction, order or adjudication"Recommendation required by statute not appealable—Recommendation of dismissal from police force—Police Force Act (Ch65), s57(2)—District Courts Act (Ch40), s219.
        Francis Pora v Alois Sepetio [1988] PNGLR 206

30. District Courts—practice and procedure—Certificates of dismissal—Whether bar to further proceedings—Only where hearing on merits—District Courts Act (Ch40), s162.
        Namba Kispa v Dobel Motors Pty Ltd [1988] PNGLR 103

31. District Courts—Jurisdiction—Summary ejectment proceedings—jurisdiction where lease ''duly determined"—Bringing of proceedings founds jurisdiction—Summary Ejectment Act s39.
        Regione Palms Tavern Pty Ltd [1988-89] PNGLR 150

32. District Courts—Appeal from—Recognisance to prosecute appeal—Not condition precedent—No power to dispense with—Failure to file invalidating appeal—District Courts Act (Ch40), s222, s231.
        Kiau Nikints v Moki Rumints [1990] PNGLR 123

33. District Courts—Jurisdiction—Monetary limits—Not exclusive jurisdiction—National Court unlimited jurisdiction not affected—Costs on District Court scale—District Courts Act s21—Constitution, s166, s172(1)—National Court Rules, O22, r25.
        Chief Collector of Taxes v Kila Kapa [1990] PNGLR 140

34. District Courts—Practice and procedure—Civil matters—When orders may be made—District Courts Act (Ch40), s139, s141, s142, s146.
        Wason Pty Ltd v Degemba [1990] PNGLR 476

35. District Courts—Practice and procedure—Constitutional reference—Committing magistrate not exempt from considering—Constitution, s18(2).
        Tohian v Geita [1990] PNGLR 353 and [1990] PNGLR 479

36. District Court—Record of proceedings—Adequacy of—Proper transcript for possible appeal purposes—Inadequate notes—Retrial ordered on appeal.
        Benson Bareto v Donatus Kilimito [1990] PNGLR 125

37. District Courts—Record of proceedings—"True copy" of to be sent to National Court with appeal—Requires legible copy—District Courts Act (Ch40), s224(1).
        Credit Corporation (PNG) Pty Ltd v Tabua [1990] PNGLR 166

38. District Courts—Costs—and Civil claims—Claims to be supported by evidence—District Courts Act (Ch40), Schedules 3,4,5.
        Motor Vehicles Insurance (PNG) Trust v Arild [1991] PNGLR 199

39. District land Court—Jurisdiction on appeal from District Land Court—Powers limited by statute.
        The State v District Land court—Ex Parte Caspar Nuli [1981] PNGLR 192

40. Local Courts—children's Court—jurisdiction—Affiliation and maintenance proceedings—Native child.
        X v Y [1977] PNGLR 34

41. Local Courts—Jurisdiction—No inherent jurisdiction.
        Paul Lucas v Agnes English [1977] PNGLR 16

42. Local Courts—Jurisdiction—No power to suspend operation of own orders prior to institution of appeal therefrom.
        Kamir v Peneia Woi Woi [1975] PNGLR 39

43. Local court—Jurisdiction—Validity of orders.
        Briggs v Bart [1975] PNGLR 431

44. Local courts—Summary offences—Prescribed minimum penalty—Discretionary dispositive powers still available.
        Henry Tuk V Gori [1983] PNGLR 420

45. Local courts—Jurisdiction—Strict limits on jurisdiction—No jurisdiction where penalty greater than 6 months.
        Ivoro Meilei v Paul Eka [1985] PNGLR 59

46. Local courts—Practice and procedure—Technical rules of non—suit and verdict by direction not applicable.
        Wayai Obawi v Thomas Talu [1986] PNGLR 193

47. Local court—Jurisdiction—Neither party present—No jurisdiction.
        Jaso Be'O v Kesua Ufui [1982] PNGLR 255

48. Local courts—Complaints—Duplicity in—Complaint may be bad for—Complaint of adultery—Alleged on two different dates—Complaint bad—Local Courts Act (Ch No 40).
        Hure Vebubu v Nelly Maleva [1987] PNGLR 87

49. Local courts—Practice and Procedure—Prosecutor related to victim—May prosecute if not to be called as witness.
        Fidelis Agai v Buckly Yarume [1987] PNGLR 124

50. Village courts—Criminal offences—Jurisdiction where child offender.
        SCR No. 6 of 1981 [1982] PNGLR 308

51. Village Courts—Jurisdiction—Power to order imprisonment—Offence of default in payment of damages or fine created—Scale of imprisonment prescribed—Power valid—Power not in breach of constitutional right to liberty—Power not in breach of constitutional protection law—Village Courts Act—Constitution.
        SCR No 2 of 1989; Re Village Courts Act [1988-89] PNGLR 491

52. Village Courts—Jurisdiction—Power to order imprisonment—Subject to Constitution—Complaint for enticement—Enticement a statutory offence—Complaint not dealt with as statutory offence—Order for imprisonment made before opportunity to pay compensation—Order for imprisonment unlawful—Adultery and Enticement Act 1988—Constitution s42.
        Re Moki Nikints [1988-89] PNGLR 164

53. Village courts—Jurisdiction—Power to order imprisonment—Breach of customary law as to marriage—Need for marriage to be proved—No proof that de facto relationship recognised by custom—Imprisonment unlawful—Constitution, s42(5).
        Re Thesia Maip [1991] PNGLR 80

54. Village courts—Jurisdiction—Power to order imprisonment—Subject to Constitution—Adultery complaint—Enforcement not to conflict with constitutional rights—Wife's right to equality of treatment—Circumstances denigrating status of woman—Contrary to principles of natural justice—Order for imprisonment unlawful—Constitution, s42(5), s55—Adultery and Enticement Act 1988.
        Re Wagi Non [1991] PNGLR 84

55. Village Courts—Jurisdiction—Power to order imprisonment—Subject to Constitution—Adultery complaint—Marital problems more appropriate to compromise and discussion—Principles of natural justice to be observed—Rights to equality and participation—In marriage—Wife's imprisonment unlawful—Constitution, s42(5); Preamble, cl 2(12).
        Re Kaka Ruk [1991] PNGLR 105

56. "Judgment"—Transfer of proceedings—Judgment equivalent to verdict stage.
        Saimon Apelis v Wirrenu Willy [1981] PNGLR 510

57. Jurisdiction—District Courts—Actions "at law"—Includes actions arising out of customary law.
        Henry Aisi v Malaita Hoala [1981] PNGLR 199

58. Procedure—provision for hearing and determination of information for simple offence in absence of defendant.
        Peter v South Pacific Brewery Ltd [1976] PNGLR 537

59. Practice and procedure—Offences involving elements of sexual nature—Need for corroboration—Magistrate to state and record dangers of convicting on uncorroborated evidence.
        Peter Townsend v George Oika [1981] PNGLR 12

60. Practice and procedure—Transfer from Local court to District Court—No power to transfer for sentence only.
        Saimon Apelis v Wirrenu Willy [1981] PNGLR 510

61. Practice and procedure—Transfer from District court to Local court—Plea taken before District Court—No power to amend charge—Transferred charge to be dealt with afresh.
        Peter Kaprendajanda v Isaac Ngatia [1984] PNGLR 58

62. District Court procedures where facts are not admitted—s141 District Courts Act (Ch40)—District Court—Duty of to hear witness—Obligation to give reasons for decision—Court Prolonged adjournments of a total of 25 times unjust.
        Angra & Oimbo Security Services Pty Ltd v Ina [1996] PNGLR 303

63. District Courts Act (Ch40)—Practice and procedure—Appeal Procedure—Stay of enforcement of order—Entry of Appeal for Hearing—Whether filing of Entry of Appeal for Hearing under s227 results in automatic stay of enforcement of order appealed from.
        Mote v Tololo [1996] PNGLR 404

64 District Court—Appeal—Practice and Procedure—Committal hearing—documentary evidence—admission of—Evidence Act (Ch48), s35(1) and s35(2)—Failure to comply with—Effect of.
        Yawari v English [1996] PNGLR 446

65. District Court—Appeal from—Practice and Procedure—Manner of determining and entering a plea.
        Man v Korul [1996] PNGLR 426

Injunctions

1. Act intended to be restrained already occurred—Injunction not available.
        Leytrac Pty Ltd v The State [1981] PNGLR 114

2. Interlocutory injunctions—When available—Preservation of status quo—Justice and convenience—Discretion to refuse.
        Robinson v National Airlines Commission [1983] PNGLR 476

3. Interlocutory injunctions—To restrain breach of basic rights—University students—Disruption to lectures—Barricading entrance—Restricting entry—Breach of basic rights—Restraining orders justified.
        Mt Uriwaka Enterprises Pty Ltd v Baxter [1988] PNGLR 244

4. Interlocutory injunctions—Prima facie case—Proceedings for rectification of company register—Restraint of processing of shares—Interlocutory injunction granted.
        North Solomons Provincial Government v Bougainville Development Corporation Ltd [1988] PNGLR 247

5. Interlocutory injunctions—Mareva injunctions—Jurisdiction to grant—Grounds for—Freezing bank accounts—Variation of order—subject to permitted withdrawals for living expenses and legal costs.
        Mt Uriwaka Enterprises Pty Ltd v Baxter [1988] PNGLR 244

6. Interlocutory injunctions—prima facie case—reasonable cause of action—to be pleaded.
        Stioti Bauf v Poliamba Pty Ltd [1990] PNGLR 278

7. Mandatory injunctions—Restoring things to former condition—Relevant principles—Probability of damages—Adequacy of damages—Costs of complying with order—Terms of order—Storekeeper's licence—Suspension unreasonable—Restoration ordered.
        Agutoi Trading Pty Ltd v National Capital District Interim Commission [1990] PNGLR 12

8. Mareva injunction—Terms of.
        Wawa Trading Co Pty Ltd v Lie Tat Swie Lie [1982] PNGLR 375

9. Practice and procedure—Interim injunctions—Ex parte orders—Plaintiff's duties—Full and free disclosure—All material facts including those favourable to defendant—Dissolution for non—disclosure.
        Sioti Bauf v Poliamba Pty Ltd [1990] PNGLR 278

10. To restrain conduct—To restrain breach of basic rights—University students—Disruption to lectures—Barricading entrance—Restricting entry—Breach of basic rights—Restraining orders justified.
        Papua New Guinea University v Ume More [1985] PNGLR 48
        Ume More v UPNG [1985] PNGLR 401

Insurance

1. Fire insurance—Action on insurance policy—Condition precedent to liability of insurer.
        Agmark Pacific Pty Ltd v Queensland Insurance (PNG) Limited [1992] PNGLR 454

2. Limitation of actions—Notice of intended action to MVIT (PNG) Trust—Personal injuries—Motor vehicle accident.
        Application of Kuri [1992] PNGLR 448

3. Marine insurance—All risks policy—Liability for loss of perishable cargo—Cargo shipped below deck—Cargo wrongfully carried on deck—Not "deck cargo"—Liability for total loss intended in any event—Sea—carriage of Goods Act—Marine Insurance Act—Hague Rules r17(2).
        Ilimo Farm Products P/L v General Accident Fire and Life Assurance Corporation Ltd [1988-89] PNGLR 342

4. Motor vehicle third party insurance—Unidentified motor vehicle—Due inquiry—and search—Precognition to claim—Proof of—What objectively reasonable in circumstances—Motor Vehicles (Third Party Insurance) Act (Ch295), s54(1).
        Revit Mangoi v Motor Vehicles Insurance (PNG) Trust [1990] PNGLR 327

5. Third party liability insurance—Compulsory motor vehicle insurance legislation—Injury to owner/passenger—Whether claim for bodily injury to "any person"—"Liability" to "indemnity"—Liability to another person—Indemnity for benefit of another person—Owner/passenger may be indemnified for own injuries—Motor Vehicles (Third Party Insurance) Act (Ch295), s48, s49, s54.
        Pupune v Motor Vehicles Insurance (PNG) Trust [1991] PNGLR 353

6. Third party liability—Motor Vehicles—Government vehicle—Identification of—Not necessary to specify which particular vehicle.
        Motor Vehicles Insurance (Papua New Guinea) Trust v Payne and the State [1981] PNGLR 114

7. Third party liability insurance—Compulsory motor vehicle insurance legislation—injury to owner/driver—"any person"—liability to indemnity.
        Kiak v Topa Enterprises [1986] PNGLR 265

Insolvency

1. Discharge—Application for certificate of—Grounds for specified—Consent of "majority of creditors"—Means majority in numbers—Full and fair disclosure—Absence of "fraud or collusion"—Requires proof of specific acts—Once statutory requirements established applicant entitled to certificate—Insolvency Act s134.
        Application of Malipu Bus Balakau [1988-89] PNGLR 210

2. Discharge—Application for certificate—Procedure for—No procedures prescribed—Rules of Court specifying proceedings in such cases to be commenced by originating summons—Application on notice deemed sufficient in interests of justice—Insolvency Act s134—National Court Rules, O4, r?
        Application of Malipu Bus Balakau [1988-89] PNGLR 210

Interest

1. Award of on judgment—Merger of cause of action—Enforcement of judgment and interest—Enforcement not affected by limitation periods.
        Australia & New Zealand Banking Group (PNG) Ltd v Short [1986] PNGLR 57

2. Recoverability apart from agreement—Award of interest as damages—Statutory discretion to award interest.
        Meaney v Hastings Deering [1979] PNGLR 170

3. Recoverability apart from agreement—Interest on damages award—Matter of discretion.
        Evans, Grey and Hood Co pty Ltd v Plantation Supply & Service Co Pty Ltd [1979] PNGLR 34

4. Award of interest as damages—Damages for personal injuries—Statutory discretion
        Aspinall v Government of Papua New Guinea [1980] PNGLR 50

5. Award of interest as damages—Damages for personal injuries—Discretionary power to award.
        John Cybula v Nings Agencies Pty Ltd [1981] PNGLR 120

6. Award of interest as damages—Time for claiming—Claim permitted at trial where no disadvantage.
        Aundak Kupil v Independent State of Papua New Guinea [1983] PNGLR 350

7. Award of interest as damages—On pre—trial component of damages—Rate—Time for which to run.
        Caedmon Koieba v Motor Vehicles Insurance (PNG) Trust [1984] PNGLR 365

8. Award of interest as damages—Damages for personal injuries—Statutory discretion.
        Pinzger v Bougainville Copper Ltd [1985] PNGLR 160

9. Award of on damages—Personal injuries—Statutory limit on amount "for damage sustained"—Not including interest or costs—Civil aviation.
        Costello v Talair Pty Ltd [1985] PNGLR 61

10. Interest on judgment—Statutory provision for—Award of within discretion of court—Award of not part of claim for liquidated demand.
        Post and Telecommunication Corporation v Takoa Pastoral Co. Pty Ltd [1985] PNGLR 44

11. Award of on debt or liquidated sum—Statutory provision for—Award within discretion of court—principles upon which exercised—Claim "as of right"—Claim under Act—Judicial proceedings (Interest on Debts and Damages) Act (Ch52), s1, s2.
        Cheong Supermarket Pty Ltd v Perry Muro trading as Gigidu Trade Store [1987] PNGLR 24

12. Award of interest as damages—Damages for personal in juries—Motor vehicle accident—Limited liability of Motor Vehicles Insurance (PNG) Trust for damages—No limit on liability for interest and costs—Motor Vehicles (Third Party Insurance) Act (Ch295), s49 (2)(a).
        Reading v Motor Vehicles Insurance (PNG) Trust [1988] PNGLR 266

13. Award of on damages—Personal injuries—Motor vehicle accident—Statutory limit on liability—Damages limited toK100,000—Damages not including interest or costs—Motor Vehicles (Third Party Insurance) Act (Ch295), s49(2)—Judicial Proceedings (Interest on Debts and Damages) Act (Ch52).
        Motor Vehicles Insurance (PNG) Trust v Reading [1988] PNGLR 236

14. Award of on debt or liquidate sum—Statutory provision for—Rate of—Discretionary powers as to—Shareholder's loan account—Shareholder wrong—fully deprived—Agreed rate of 10 per cent substituted for statutory rate of 8 per cent—Judicial proceedings (Interest on Debts and Damages) Act (Ch52), s2.
        Harding v Teperoi Timbers Pty Ltd [1988] PNGLR 124

15. Award of interest as damages—Damages for negligence—Lawyer failing to commence action for personal injuries within time—Interest from date on which cause of action arose—Relevant date breach of duty—Notional date to be applied—Breach deemed two months after instructions received—Motor Vehicles (Third Party Insurance) Act—Judicial Proceedings (Interests on Debts and Damages) Act s2.
        Martha Limittopa v The State [1988-89] PNGLR 364

16. Award of interest as damages—Damages for personal injuries—Motor vehicle accident—Limited liability of Motor Vehicles Insurance (PNG) Trust for damages—No limit on interest and costs—Motor Vehicles (Third Party Insurance) Act (Ch295), s49(2) (a).
        Motor Vehicles Insurance (PNG) Trust v Reading [1988-89] PNGLR 608

International Law

1. International customary law—Fishing industry—Exclusive economic zones—Declaration of fishing zones by PNG—Whether acceptance of international customary law—Consideration of local legislation—Preamble to Constitution—United Nations Convention on the Law of the Sea 1982—Constitution, Preamble.
        Chern Jin Fa v Naniura [1990] PNGLR 506

Interpretation

1. Admissibility of extrinsic evidence—Guarantee—Separate agreement for supply of goods on credit—Intention of parties and guarantee clear—Extrinsic evidence not admissible
        New Guinea Co Ltd v Thomason [1978] PNGLR 33

2. Fair and liberal meaning Sch1.5—The purposive and expansive approach—National Goals and Directives Principles as aid—Constitution, s25.
        SC Reference No 2 of 1992 [1992] PNGLR 336

3. Interpretation Act—Powers to promote and appoint are subject to specific provisions in the Defence Act—Power to appoint implies power to remove.
        Nuia, Leo v Benias Sabumei and others [1992] PNGLR 90

4. Statute "Department Head" and "District Officer"—Land Act.
        Bai v Morobe Provincial Government [1992] PNGLR 150

5. Interpretation Act, s18—Payment of penalties imposed by statute into Consolidated Revenue Fund.
        PNG Law Society v Gabi (No 2) [1996] PNGLR 135

Judgments and Orders

1. Assumption of legal rights for purposes of hearing—not declaratory of rights—Not evidence of legal title.
        Herman Gawi v PNG Ready Mixed Concrete Pty Ltd [1984] PNGLR 74

2. Consent order—Setting aside—By court making order—When court should interfere.
        Re application of Peter Naroi [1983] PNGLR 176

3. Consent orders—Amending varying and setting aside—Application to be treated with great caution—To be set aside only in clear case—Relevance of delay in bringing application—order not "Consented" to—Ratification of order by subsequent meeting of company as consent.
        Paul Torato v Tei Abal (Sir) [1987] PNGLR 403

4. Enforcement—State as judgment debtor—Statutory prohibition on "execution" against State—Precludes payment into Court—Precludes examination of officers of State as to assets—Claims By and Against the State Act (Ch30), s6, s7.
        Wagambie v Rockus Lokinap [1991] PNGLR 145

5. Entry of—Power to ante—date—Available where something exceptional in facts—National Court Rules, O12, r3(4).
        Wallace v Motor Vehicles Insurance (PNG) Trust [1991] PNGLR 341

6. Entry of—Such judgment as nature of case requires—Parties suing on terms of settlement—No court proceedings when settlement agreed—Terms not complied with.
        Wallace v Motor Vehicles Insurance (PNG) Trust [1991] PNGLR 341

7. Execution against person—Fraudulent debtors—Strict proof required.
        Wama Bole v Willie Imbeli [1983] PNGLR 128

8. Fair and liberal meaning Sch1.5—The purposive and expansive approach—National Goals and Directives Principles as aid—Constitution, s25.
        SC Reference No 2 of 1992 [1992] PNGLR 336

9. Nature of—Order granting leave to enter final judgment—Order directing entry of final judgment—Neither orders refusing unconditional leave to defend.
        Shelley v PNG Aviation Services Pty Ltd [1979] PNGLR 119

10. Interlocutory injunction—Claim to remain in premises pending determination of suit—Principles—Serious question to be tried—Balance of convenience.
        National Airline Employee's Association of PNG v Air Niugini (No 2) [1992] PNGLR 291

11. Interpretation Act—Powers to promote and appoint are subject to specific provisions in the Defence Act—Power to appoint implies power to remove.
        Nuia, Leo v Benias Sabumei and others [1992] PNGLR 90

12. Judgment irregularly obtained—Judgment by default—Statutory interest improperly included—Award of interest severable.
        Post and Telecommunication Corporation v Takoa Pastoral Co Pty Ltd [1985] PNGLR 44

13. Judgment irregularly obtained—To be set aside as matter of principle.
        Bank of South Pacific Ltd v Spencer [1983] PNGLR 239

14. Judicial decisions as authorities—Inferior courts—Superior court decisions to be accepted according to letter and spirit.
        Cornish v Kwago Like [1978] PNGLR 56

15. Judicial powers—Such other orders as are necessary to do justice—within judicial power.
        SCR No. 2 of 1981 [1982] PNGLR 150

16. Motions—Application to strike out originating summons—Where no reasonable cause of action disclosed—National Court Rules O12 r40—Where no statement of claim is filed—Whether compliance with National Court Rules division 4 Order 4 necessary—Whether conduct of proceedings can be by way of affidavit—National Court Rules O4 r7, r23, r24, 25, r26 r26, r27, r28, r29, r30, r31.
        B Fortunase Ltd v Bank of South Pacific Ltd [1992] PNGLR 275

17. National court—order necessary to do justice in circumstances—Assessment of damages for personal injuries—Periodic payments necessary to do justice.
        Aundak Kupil v Independent State of Papua New Guinea [1983] PNGLR 350

18. Interest on—Damages—Matter of discretion—Sale of goods.
        Evans Grey & Hood Co Pty Ltd v Plantation Supply & Service Co. Pty Ltd [1979] PNGLR 34

19. Remedy for breach of fundamental right—When available.
        John Alex v Martin Golu [1983] PNGLR 117

20. Setting aside for fraud—Relevant principles—Onus of proof—Matters of proof—Where application to call fresh evidence—Allegations of false or mistaken evidence—Application dismissed.
        Aircair Pty Ltd v Co-ordinated Air Services Pty Ltd [1988-89] PNGLR 549

21. Statute "Department Head" and "District Officer"—Land Act.
        Bai v Morobe Provincial Government [1992] PNGLR 150

22. Validity—Trial judge entering what appeared on face to be alternative verdict—Alternative verdict a nullity.
        Government of Papua New Guinea v Barker [1979] PNGLR 53

23. Variation of—Interlocutory injunction—Mareva injunction—Qualification permissible.
        Wawa Trading Co Pty Ltd v Lie Tat Swie Lie [1982] PNGLR 375

24. What is—Action settled—Terms of settlement not embodied in decision of court.
        Wapoi Warave v Lahari Evera [1980] PNGLR 427

25. Writ of possession of land—Real prejudice must be show to delay issue—Relevant principles O13 r3 National Court Rules.
        Air Niugini v Talum [1992] PNGLR 296

26. Procedures for selection and appointment of officers under the Hospital Act 1974—Powers of management Board of Hospitals and Committee—Whether Selection Committee bound by General Orders under the Public Services (Management) Act 1986.
        Emasanu v Garap [1996] PNGLR 157

27. Default judgment—Default in filing defence—Filing of defence at different Registry to where originating summon filed.
        Yangal and Others v Tokam [1996] PNGLR 275

28. Declaratory Orders—Right of Appeal from a Mining Inspector to Chief Inspector of Mines—whether conclusions of a Mining Inquiry established under the Mining (Safety) Act are subject to Appeal as a "Decision, Requisition or Order" under Mining (Safety) Act, s6(3).
        Dyno Wesfarmers Limited v The Chief Inspector of Mines [1996] PNGLR 408

29. Ex parte interim injunctions—Conditions for grant of interim injunctions—Must establish serious question to be tried—Inconvenience or injury likely to be suffered by plaintiff.
        Markscal Limited v MRDC [1996] PNGLR 419

30. Charging Order—In the nature of money standing to credit of judgment debtor—By way of costs awarded to debtors—Amount to be charged against previous orders for costs—National Court Rules, O13 r2(1)(c) and O22.
        Waip v MVIT [1996] PNGLR 374

Landlord and Tenant

1. Agreement for lease—Approval of Minister required—Lease of "no effect" until approved—Effect of lack of approval—Possession given and taken—Whether rent recoverable—Land Act (Ch185), s69.
        Re Luabar Logging Pty Ltd [1988] PNGLR 124

2. Covenants—As to repair—By landlord—Covenant "to keep in good and tenantable repair"—Construction of—Damages for breach—Measure of—Where premises let in dilapidated state.
        David Lambu v Independent State of Papua New Guinea [1988] PNGLR 121

3. Recovery of possession—summary ejectment proceedings—Available only where clear title in landlord.
        Herman Gawi v Papua New Guinea Ready Mixed Concrete Pty Ltd [1984] PNGLR 74

4. Termination of tenancy—Forfeiture—Re-entry—Bringing of proceedings equivalent to re-entry—Jurisdiction of District Court—Where lease "duly determined"—Bringing of proceedings founds jurisdiction—Summary Ejectment Act (Ch202), s3(1)(a).
        Regione v Palms Tavern Pty Ltd [1988-89] PNGLR 150

5. Rent recovery of—under equitable lease—for 12 months—subject to Ministerial approval—no approval obtained—benefit of possession—estoppel from denying title—relevant principles.
        Wine v Giglmai [1990] PNGLR 462

6. Termination of tenancy—Denial of landlord's title by tenant—Effect of—Executed conditions of tenancy—Acknowledgment of landlord—Tenant estopped from denying title—Landlord entitled to treat denial of title as forfeiture—Summary Ejectment Act (Ch202), s6.
        Meakoro Kilori v National Housing Commission [1991] PNGLR 48

Lawyers

1. Accounts and trust moneys—Fund paid in to meet costs and disbursements—Necessity to obtain specific direction from client as to payment.
        Marsh v Hay [1981] PNGLR 392

2. Bills of costs—Client's right to bill in taxable form before action.
        Marsh v Hay [1981] PNGLR 392

3. Contempt of court by—Failure to attend circuit sittings in time—Whether failure "deliberately with intent to hinder court"—Carelessness and inadequate travel arrangements—Not contempt.
        David Gwaya Poka v Independent State of Papua New Guinea [1988] PNGLR 218

4. Counsel and client—duties—Duties where confession of guilt by client.
        Nai'i Limagwe v The State [1976] PNGLR 382

5. Duty to court—Where delays in bringing proceedings into court—Where adjournments sought.
        Orosa Pogu v The State [1986] PNGLR 203

6. Law officer of the State—Public prosecutor—Nature and powers of position—Constitution s156, s177—Public Prosecutor (Office and Functions) Act (Ch338), s4—Supreme Court (Ch370), s4, s21, s24, s25, s16.
        SCR No 5 of 1987; Application by Acting Public Prosecutor [1987] PNGLR 216

7. Lawyer and client relationship—Authority of lawyer—Scope of—Authority to compromise proceedings—Excepting collateral matters—No notice of limitation on authority—Compromise binding and enforceable.
        Motor Vehicles Insurance (Papua New Guinea) Trust v Salem [1991] PNGLR 305

8. Lawyers Act 1986—Membership of Law Society—Membership compulsory—Whether requirement unconstitutional—Restriction on right to freedom of association—Law Society "other association"—Provision to be read down within power so as to be voluntary—Lawyers Act 1986, s9—Constitution, s10, s47.
        Application of Karingu [1988-89] PNGLR 276

9. Liability to client—Professional negligence—Duty of care—Instructions to recover damages for personal injuries—Failure to commence action within time—Duty of care measured by standards of whole profession—Breach of duty.
        Martha Limitopa v Independent State of Papua New Guinea [1988-89] PNGLR 364

10. Misconduct and discipline—Disciplinary proceedings—Appeal from—Rehearing—Nature of—Hearing de novo—Lawyers Act 1986, s58.
        Toll v Kibi Kara (No 2) [1990] PNGLR 201

11. Misconduct and discipline—Disciplinary proceedings—Improper conduct as lawyer—Standard of proof—Right to be heard on penalty—Lawyers Act 1986, s53(1).
        Toll v Kibi Kara [1990] PNGLR 71

12. Misconduct and discipline—"Improper conduct" as a lawyer—what constitutes—Dishonesty not necessary—Lawyers Act 1986.
        Toll v Kibi Kara [1990] PNGLR 71

13. Practising certificates—Right to unrestricted practising certificate—Where employed for two years as lawyer from date of admission—Where "equivalent" experience—Equivalent experience must also be from date of admission—Sufficiency of post—admission experience in Department of Foreign Affairs and Trade—Lawyers Act 1986, s41.
        Siaguru—Khaisir v Papua New Guinea Law Society [1988-89] PNGLR 509

14. Public Solicitor—Independence of—Not subject to direction or control except as provided by Constitution—Constitution, s176, s177, Sch1.19.
        SCR No 1 of 1989; The State v Patrick Saul [1988-89] PNGLR 337

15. Public Solicitor—Solicitors employed by office of—Whether servants or agents of State—Whether part of National Government—Whether State liable for negligence of—Constitution, s176(5).
        Martha Limitopa v Independent State of Papua New Guinea [1988-89] PNGLR 364

16. Qualifications—Requirement for practising certificate—Requirement for insurance cover—Whether requirements unconstitutional—Whether restriction on freedom of employment—Whether "qualifications (if any) lawfully obtained"—Lawyers Act 1986—Constitution.
        Application of Karingu [1988-89] PNGLR 276

17. Qualifications and admissions—Barrister and solicitor—Practical training—Strict compliance with minimum requirements of Admission Rules.
        In Re Devere [1975] PNGLR 1

18. Qualifications and admissions—Barrister and Solicitor—"Practitioner admitted elsewhere".
        In Re Frawley [1975] PNGLR 6

19. Removal of name from Roll—No rights to voluntary removal—discretionary power is correct.
        Re Peter Sam [1986] PNGLR 145

20. Right of audience—Person not admitted as barrister or solicitor—Purporting to appear as agent.
        Henao Batari v Employers' Federation of Papua New Guinea [1979] PNGLR 92

21. Right of audience—Person not admitted—Appearing in the District Court representing aggrieved person on prosecution of an information—District Courts Act (Ch40) s59—Lawyers Act 1986 s35.
        Keke v PNG Color Laboratories Pty Ltd [1992] PNGLR 265

22. Right to practise—Suspension "for good cause"—onus of proof—period of suspension—Role of lawyers—Lawyers Act (Ch91), s13.
        Council of Legal Education v David Stewart Awaita [1987] PNGLR 38

23. Taxation of costs—Certificate of taxation—Certificate conclusive of liability—Challenge to liability not available in recovery proceedings—National Court Rules, O22, r62.
        Thirwall v Eng Chin Ah [1988-89] PNGLR 34

24. Appeal from decision of Lawyers Statutory Committee—Professional Conduct Rules—r6.
        May v Henao [1996] PNGLR 234

25. Duty—Conflict of interest—Duty of confidentiality to client—Client, company and director of such company—Company now in receivership—Same lawyers acting for bank which appointed receiver and the receiver—No longer acting for director (and major shareholder)—Director seeking to restrain lawyers from acting for receiver and bank—Whether "reasonable man in the commercial milieu" would see lawyers as breaching duty of confidence to director and company—Whether lawyers should be restrained from acting for receiver and bank.
        Pangia Constructions Pty Limited v Papua New Guinea Banking Corporation [1996] PNGLR 1

26. Lawyers Act 1986—Declaratory proceedings—Exemption from payment of fee for practising certificate—Papua New Guinea Law Society Practising Certificate Fees (Exemptions) Rules 1995—Whether ultra vires Lawyers Act 1986—Power of the Minister for Justice to make Rules under Lawyers Act 1986, s21.
        PNG Law Society v Gabi (No 1) [1996] PNGLR 130

27. Lawyers Act 1986—Declaratory proceedings—Lawyers Statutory Committee independent from Law Society—Payment of costs of functions of Committee—Payment into Consolidated Revenue Fund of fines imposed by Committee on lawyers.
        PNG Law Society v Gabi (No 2) [1996] PNGLR 135

Liens

1. Particular lien—For work done—Essentials for—Where amount for repairs stipulated—Effect of tender—Major repairs to crane—Amount agreed disputed—Tender of part—Insufficient evidence of enforceable lien.
        Sae Sadelmi v Morgan Equipment Pty Ltd [1990] PNGLR 187

Limitation of Actions

1. Actions for things done under statutes—notice of claim—Extensions of time—Personal injuries—Damages claim—Notice to Motor Vehicles Insurance Trust—Period extended by Commissioner—Extension not complied with—Application to court for extension competent—Motor Vehicles (Third Party Insurance) Act (Ch295), s54(6).
        Rundle v Motor Vehicles Insurance (Papua New Guinea) Trust [1987] PNGLR 41

2. Actions for things done under statutes—Notice of claim—Extension of time—Personal injuries—Damages claim—Notice to Motor Vehicles Insurance Trust—Period extended by Commissioner—Extension not complied with—Application to court for extension competent—Motor Vehicles (Third Party Insurance) Act (Ch295), s54(6).
        Rundle v Motor Vehicles Insurance (PNG) Trust [1988] PNGLR 20

3. Death due to motor vehicle accident—Notice of injury or death within 6 months—Limitation period to claim damages for death—Whether Wrongs (Miscellaneous Provisions) Act (Ch297), s25 or Statute of Frauds and Limitation Act (Ch330) apply.
        Lipai and Others v MVIT [1996] PNGLR 363

4. Notice in which to make a claim—Extension within Court's discretion—Exercise of discretion—Motor Vehicles (Third Party Insurance) Act (Ch295)—where plaintiff illiterate or uneducated and unaware of requirement of s54(6)—Where attempts made outside, statutory limit—Delay—Unfair to refuse application where plaintiff is illiterate or uneducated and delay due to ignorance of requirement of s54(6).
        Kalalyo v MVIT [1996] PNGLR 368

Liquor

1. Licensing Commission—Appeal to National Court from grant of publican's licence—procedure on appeal.
        Evangelical Lutheran Church of New Guinea v Peninsula Hotels Pty Ltd [1977] PNGLR 147

2. Offences—Importing liquor contrary to provincial Act—Validity of offence—Whether Ministerial publication of notice proper delegation of power—Liquor Licensing and Control Act 1986 (Enga Province), s36—Organic Law on Provincial Government (Ch1), s24, s25.
        Kapua Wasant v Peter Nangai [1987] PNGLR 308

Local Government

1. Town authority—Powers—power to impose fees—Comprehends power to raise general revenue—Validity of town service fees—inappropriateness of being called trading licence fees—Trading Act (Ch324)—Mount Hagen Town Authority Act [1989 (Western Highlands), s33.
        Mount Hagen Town Authority v Steamships Joint Venture Pty Ltd [1990] PNGLR 350

2. Meetings of Council—Scheduled meetings for year—Ministerial powers—No power to call additional meetings—Local Government Act Adoption Act 1991 (Western Highlands Province), s25.
        Wankani Yanyan v Western Highlands Provincial Government [1991] PNGLR 328

Maintenance of Wives and Children

1. Affiliation proceedings—Statutory requirement for "corroboration in some material particular" Whether independent evidence of fact in dispute necessary—Scope of requirement—General and specific corroboration—Child Welfare Act (Ch276), s55(1), s55(2), s55(3).
        L v M [1987] PNGLR 365

2. Leaving without means of support—complaint not on oath—Irregularity cured by appearance—Quantum—Income of wife—De facto wife and illegitimate children—Order must specify amount payable in respect of each child.
        Jacobs v Jacobs (No 1) [1976] PNGLR 261; Jacobs v Jacobs (No 2) [1976] PNGLR 532

3. Leaving without means of support—Reasonable cause for so leaving—Specification of amount in respect of children and wife.
        Elias Tokom v Luisa Tokom [1985] PNGLR 195

4. Order for—In favour of wife—Customary marriage—order for maintenance made after marriage dissolved by custom.
        Igua Nou v Karoho Vagi [1986] PNGLR 1

5. Orders for—Where subsisting marriage only—Customary marriage dissolved by custom—No jurisdiction to make maintenance order.
        Martha Aeava v Oa Ikupu [1986] PNGLR 65

Matrimonial Causes

1. Church solemnized marriage—Dissolution of marriage—Local Court has no jurisdiction.
        State v Robinson [1992] PNGLR 205

2. Customary law—Bride price repayment—Application of custom within constitutional framework—Wife not property of husband—Relevant factors—Fault—Custody of children—Fairness—Competing customs a matter of fairness—Evidentiary burden.
        Luke Kere v Bessi Timon [1990] PNGLR 103

3. Dissolution of marriage—Grounds—Separation—Bars to relief—harshness and oppression—Public interest—Failure maintenance.
        Hill v Hill[1976] PNGLR 433

4. Dissolution of marriage—Damages—Adultery—Principles of assessment—Proof of loss required.
        Mortimore v Mortimore [1978] PNGLR 197

5. Dissolution of marriage—Adultery—Damages against co—respondent—Principles.
        Talasanga Tolison v Thomas Samuel Tolison [1985] PNGLR 125

6. Dissolution of marriage—Adultery by wife—Damages against co—respondent—Principles—Quantum—Costs—Matrimonial Causes Act (Ch282), s32.
        Gray v Gray [1987] PNGLR 141

7. Dissolution of Marriage—Ground of separation—Matrimonial Causes Act—Maintenance of children—Whether formal orders should be made covering the period beyond 16th birthday.
        Kiruhia v Kiruhia [1992] PNGLR 30

8. Maintenance—Wife application—Adultery as bar to—Except where misconduct of husband "conduces" to—Requires conduct causing adultery—Deserted Wives and Children Act (Ch277), s3(5).
        Noi v Noi [1990] PNGLR 335

9. Maintenance order—Variation—Application for—Confined to increase or decrease—Orders sought not within power—Application to be dealt with as application for variation—Inherent residual jurisdiction—Onus of proof—Change in circumstances—Matrimonial Causes Act (Ch282), s76(1), (2).
        McVie v Woodward [1990] PNGLR 305

10. Practice and procedure—Custody and access—Welfare of children paramount consideration.
        Trnka v Trnka [1976] PNGLR 1

11. Practice and procedure—Service—Service of petition by post—Acknowledgement of service not returned—Letter addressed to court by respondent.
        Kuijk v Kuijk [1977] PNGLR 253

12. Variation of orders—Maintenance—Principles to be applied—Change of circumstances.
        Cronan v Cronan [1978] PNGLR 207

Medicine

1. Dentists—Qualification and registration—Approval of foreign degrees.
        In re Sifter [1975] PNGLR 435

2. Dangerous drugs—Offences—Penalty—Knowingly cultivating marijuana plants—Sentencing for drug offences generally.
        Richard Cheong v Vincent Nemil [1981] PNGLR 472

3. Drug offences—Knowingly in possession of dangerous drug—Sufficiency of evidence of knowledge.
        Maxwell Arthur Schliebs v H Singh [1981] PNGLR 364

4. Medical practitioners—Medical privilege—Extent of—Where applicable to hospital staff.
        SCR No 2 of 1984—Re Medical Privilege [1985] PNGLR 247

Money Counts

1. Money had and received—Basis of action—Principle of unjust enrichment applied.
        Breckwoldt & Co (NG) Pty Ltd v Gnoyke (No 2) [1975] PNGLR 195

Mortgages

1. Interest rate—Penalty rate charged.
        Bank of PNG v Basa [1992] PNGLR 271

2. Mortgagee's powers—Power of sale—Statutory power—Whether exercise unlawful as "harsh and oppressive'—Constitution, s41, inapplicable—Land registration Act (Ch191)—Constitution, s41(1).
        Rose Tarere v Australia and New Zealand Banking Group (PNG) Ltd [1988] PNGLR 201

3. Mortgagor's default—Claim to possession by mortgagee of registered mortgage—statutory rights.
        Bank of PNG v Basa [1992] PNGLR 271

4. Receivers—Duties of—Appointment under company mortgage—mortgage debt guaranteed—Realisation of assets to satisfy debt—Receiver's duties to mortgagee, company and guarantors.
        Westpac Bank (PNG) Ltd v Henderson [1990] PNGLR 112

5. Remedies of mortgagor—Injunction to restrain sale—Interim injunction.
        Mt Hagen Airport Hotel Pty Ltd v Gibbes [1976] PNGLR 216

6. Whether exercise of remedies by mortgage is harsh and oppressive under s41 Constitution.
        Bank of PNG v Basa [1992] PNGLR 271

Negligence

1. Apportionment of responsibility—Variation on appeal.
        Lewis v The Independent State of Papua New guinea [1980] PNGLR 219

2. Acts etc. causing death—Negligence act of member of defence force.
        Vian Guatal v Independent State of Papua New Guinea [1981] PNGLR 230

3. Causes of action—Injury to employee in course of employment—Cause of action alternative to workers' compensation claim—Workers' Compensation Act (Ch179), s84(4).
        Joseph Tonava v Electricity Commission of Papua New Guinea [1987] PNGLR 81

4. Death resulting from negligence driving of motor vehicle—Liability—contributory negligence for riding in an uninsured vehicle.
        Waima v MVIT (PNG) Trust [1992] PNGLR254

5. Duty of care—road accident cases—Apportionment of liability—Driver allowing truck to be overcrowded—Police firing tear gas.
        Koko Kopele v Motor Vehicles Insurance (PNG) Trust [1983] PNGLR 223

6. Duty of care—Particular cases—Unloading of truck by forklift—In public area—Duty to ensure procedures adopted safe—Part of load falling on head of person in area—Forklift driver liable.
        Nidop v Motor Vehicles Insurance (PNG) Trust [1988-89] PNGLR 635

7. Duty of care—Particular relationships—Employer providing residence in connection with employment—Liability where inadequate security measures—Duty to prevent risk of international injury from third party—Teacher living on campus—Teacher stoned by intruder—Employer liable.
        Colbert v The State [1988-89] PNGLR 590

8. Duty of care—Particular relationships—Lawyer and client—Failure to commence action within time—Breach of duty.
        Martha Limitopa v The State [1988-89] PNGLR 364

9. Duty of care—Road accident cases—Disabled vehicle under tow—Towing driver requested to wait for steering lock to be freed—Request not heeded—Passenger in towed vehicle injured—Driver of towing vehicle negligent.
        Rundle v Motor Vehicles Insurance (PNG) Trust [1988-89] PNGLR 618

10. Duty of care—Particular relationships—Receiver under company mortgage—mortgage debt guaranteed—Realisation of assets—Liability to mortgagee, company mortgagor and guarantors.
        Westpac Bank (Papua New Guinea) Ltd v Henderson [1990] PNGLR 112

11. Duty of care—Particular relationships—Master and servant—Duty commensurate with risk—Dangerous activity—Unreliable worker—Pile driving activity—Liability for injury to worker.
        Timson Noki v Fraser [1991] PNGLR 260

12. Fatal accidents legislation—Damages—measure of loss of expectation of life—Conventionally accepted figure.
        Rokam Bayava v Minisang Wankiar [1978] PNGLR 391

13. Fatal accidents legislation—Essentials of cause of accident—Motor Vehicle accident—Death of child pedestrian—Payback killing of driver and passenger by bystanders.
        Government of Papua New Guinea v Moini [1977] PNGLR 39; [1978] PNGLR 184

14. Fatal accidents—Damages—Measure of damages—Claim by mother for loss of support by deceased son.
        Garaiju Moruwu v Sabeme Uve [1978] PNGLR 161

15. Fatal accidents—measure of damages—Claim for loss of wife and mother—principles applicable.
        Paine v Government of Papua New Guinea [1979] PNGLR 99

16. Liability—Collision between two vehicles—Identification of vehicle—No contributory negligence.
        Etape v MVIT (PNG) Trust [1992] PNGLR 191

17. Liability—Motor vehicle accident—Overcrowded vehicle—Contributory negligence.
        Pagau, Golue v MVIT (PNG) Trust [1992] PNGLR 26

18. Motor vehicle accident—Leaving of motor vehicle on carriageway in unlighted condition—Travelling at safe speed within range of headlights—Degrees of responsibility—apportionment of liability.
        Lidia Malit v Pombi [1975] PNGLR 151

19. Motor vehicle accident—Action—Defences—contributory negligence.
        Brown v Motor Vehicles Insurance (PNG) Trust [1980] PNGLR 409

20. Motor vehicle accident cases—Common law claim for damage not defeated by custom—Contributory negligence—Drunken driver sitution.
        Kupil v The State [1983] PNGLR 350

21. Motor vehicle accident cases—Contributory negligence—Passenger on overcrowded truck.
        Koko Kopele v Motor Vehicles Insurance (PNG) Trust [1983] PNGLR 223

22. Motor vehicle accident cases—Injury to pedestrian—Duty of care of motor vehicle driver—Acceptable use of roadways by pedestrians relevant.
        Sapa Landao v Independent State of Papua New Guinea [1988] PNGLR 279

23. Motor vehicle accidents—Claims for damages—unidentified motor vehicle—Due enquiry and search—precondition to claim—proof of—What objectively reasonable in circumstances—Motor Vehicles (Third party Insurance) Act (Ch295), s54(1).
        Revit Mangoi v Motor Vehicles Insurance (PNG) Trust [1990] PNGLR 327

24. Motor vehicle accident cases—Contributory negligence—Passenger accepting lift—Vehicle taken under tow—Passenger remaining in vehicle—Two rope snaps—Passengers injured—Guilty of contributory negligence—Liability apportioned at 50%.
        Yomo v State [1990] PNGLR 554

25. Motor vehicles accident—Claim of contributory negligence at trial without notice rejected—Negligence of driver noted.
        Alo v MVIT (PNG) Trust [1992] PNGLR 487

26. Proof of—Res Ipsa loquitur—Where multiple defendants—Where possibility of liability joint doctrine not applicable.
        Rabaul Stevedores v Benedict [1984] PNGLR 248

27. Unlicensed driver held liable for negligence for accident resulting in death of plaintiff's husband.
        Elewai, Wai v Motor Vehicles Insurance (PNG) Trust [1992] PNGLR 34

Parks and Reserves

1. National Parks Board—Powers of—Sale of land—Appointment of members.
        Sylvanus Gorio v National Parks Board [1982] PNGLR 364

Parliament

1. Appointment of Prime Minister—Procedure on appointment—Procedure not justiciable.
        James Eki Mopio v Speaker of the National Parliament [1977] PNGLR 420

2. Elections—Disputed election petition—Error or omission by officer.
        In Re Moresby Northwest Parliamentary Election [1977] PNGLR 338

3. Elections—Disputed election petition—Error or omission by officer—Power to determine whether irregularities did not did not affect result of the election.
        In Re Baiyer—Mul Open Parliamentary Election [1977] PNGLR 496

4. Elections—Disputed election petition—Illegal practices—"Undue influence"—Admissibility of hearsay evidence.
        In Re Menyamya Open Parliamentary Election [1977] PNGLR 298

5. Elections—Disputed election petition—Illegal practices—whether false and defamatory statements undue influence or illegal practice.
        In Re Koroba—Lake Kopiago Open Parliamentary Election [1977] PNGLR 328

6. Elections—disputed election petition—Errors or omissions by officers.
        In Re Manus Provincial Parliamentary Election [1977] PNGLR 354

7. Elections—Disputed election petition—Lack of residential qualifications—Jurisdiction of National Court.
        In Re Moresby North East Parliamentary Election (No 1) [1977] PNGLR 424; (No 2) [1977] PNGLR 429

8. Elections—Disputed election petition—Lack of residential qualifications—"Reside"—Whether constructive residence.
        In Re Moresby North East Parliamentary Election (No 2) [1977] PNGLR 448

9. Elections—Disputed election petition—Electors not on roll—electors claiming right to vote.
        In Re Moresby North East Electorate [1978] PNGLR 446

10. Elections—Nomination of candidate—Time for—No power to extend period of nomination.
        In Re Organic Law on National Elections [1982] PNGLR 289

11. Elections—Candidate for election required to deposit K1,000—Denial of "reasonable opportunity" to stand for election.
        SCR No 2 of 1982 [1982] PNGLR 214

12. Elections—Voting—Marking of ballot papers—Whether ballot papers to be treated as formal or informal.
        Nahau Rooney v James Pokasui and the Electoral Commissioner [1982] PNGLR 351

13. Elections—Disputed election petition—Form of petition—Compliance with requirements as to form etc mandatory.
        Delba Biri v Bill Ginbogl Ninkama [1982] PNGLR 37

14. Elections—dispute election petition—Petitions—Deposit required—Liability for on individual petitioner.
        Re Hugo Berghuser v Joseph Aoae [1982] PNGLR 342

15. Elections—"Candidate"—Disputed election petition—Bribery or undue influence by candidate—When person becomes candidate.
        Allan Ebu v Roy Aua Evar [1983] PNGLR 201

16. Elections—Disputed election petition—Whether appeal from National Court to Supreme Court—Whether "review" by Supreme Court available.
        Malipu Balakau v Paul Paken Torato [1983] PNGLR 242

17. Elections—Disputed election petition—Unsuccessful candidate under required age—Effect of illegal practices where committed by unsuccessful candidate.
        Iambakey Palma Okuk v John Nilkare [1983] PNGLR 28

18. Elections—Validity of nomination—Determination—compliance with time limits mandatory.
        Billy Jababa v Iambakey Okuk [1983] PNGLR 69

19. Elections—Writ for election—validity of—Non compliance with Organic Law.
        Iambakey Okuk v Electoral Commissioner [1983] PNGLR 80

20. Elections—Dispute election petition—Residential qualifications—"Resided in electorate for period of five years at any time'—Real permanent physical residence required—Constructive evidence not sufficient—Five years need not be continuous—Constitution s103(2).
        SCR No 3 of 1984; Kevin Masive v Iambakey Okuk [1984] PNGLR 390

21. Elections—Candidates—Challenge to nomination—Challenge before polling—Application for review.
        Kevin Masive v Iambakey Okuk [1985] PNGLR 105

22. Elections—Candidates for—Right to stand for election—Right in one properly qualified—Right enforceable against candidate not properly qualified—Constitution s50, s57.
        SCR No 2 of 1985 Kevin Masive v Iambakey Okuk [1985] PNGLR 263

23. Elections—Qualifications for—Jurisdiction of National Court before polling commenced.
        SCR No 2 of 1985 Kevin Masive v Iambakey Okuk [1985] PNGLR 263

24. Elections—Community government elections—Validity of—Conduct of to be prescribed by regulation—Resolution declaring local government regulations be adopted—Resolution ineffective as regulation—Community Government Act 1982 (Manus Province), s22, s82.
        Kisokau Pochapon v Pombuma Community Government [1987] PNGLR 84

25. Elections—Destruction of votes—Protection of right to vote—Jurisdiction of National Court—Summons for declaration as to validity of jurisdiction—Jurisdiction available—Powers discretionary—Onus on applicant—Constitution, s50, s57(1).
        Kandep Tindiwi Malapu v Electoral Commission [1987] PNGLR 128

26. Elections—Disputed election petition—Practice and procedure—Form of petition—Statutory requirements to be strictly complied with—Facts relied upon to invalidate election—Requires statement of facts as in pleading—Organic Law on National Elections (Ch1), s208(a)—National Court Rules, O8, r8.
        Anthony Michael Siaguru v David Unagi [1987] PNGLR 372

27. Elections—disputed election petition—Residential qualifications—Resided in electorate "for period of five years at any time"—Pre-Independence resident qualifying—Citizenship benefits qualifying—Constitution, s69(1)(a), s103(2).
        Philip Bouraga v Hugo Berghuser [1987] PNGLR 381

28. Elections—Disputed election petition—Practice and procedure—Form of petition—Statutory requirements—"Facts" relied upon to invalidate petition—Manner of pleading—organic law on national Elections (Ch1), s208(a)—National Court Rules, O8, r8.
        SCR No 2 of 1988; Holloway v Aita Ivarato [1988] PNGLR 99

29. Elections—Disputed election petition—Practice and procedure—Particulars—No power to request or order particulars—No power to strike out a petition for failure to supply particulars—Organic Law on National Elections (Ch1), s208(a), s212.
        Thompson v James Pokasui [1988] PNGLR 210

30. Elections—Election petition—Service of—Failure to serve within four months—Unreasonable delay—Abuse of process—Petition struck out—Organic law on National elections (Ch1).
        Jimmy Ulka Samara v John Numi [1988] PNGLR 18

31. Elections—Election petition—Service of—Time for—No manner or time prescribed—Petitioner—not to be bound to any specific time—Service six months after filing—Application to strike out refused—No limit to be placed on time for service of petition—Striking out as last resort—organic law on National Elections (Ch1).
        Glaimi Warena v Antony Yarnak Temo [1988] PNGLR 36

32. Members—Duties and responsibilities of leadership—Misconduct in office—Duty to reveal 'interest' in matter in which has to deal in "official capacity"—Nature and scope of interest required—When interest required to be held—Organic Law on the duties and Responsibilities of Leadership (Ch10) s6.
        Re Chan [1988] PNGLR 260

33. Members—Duties and responsibilities of leadership—Misconduct in office—Reference to Leadership Tribunal—Costs of hearing—No statutory provision for—No power to recommend—Organic law on the Duties and Responsibilities of leadership (Ch1).
        Re Chan [1988] PNGLR 260

34. Members of Parliament—Pay and allowances—Parliamentary Salaries Tribunal—Power to "fix' salaries—Not including power to terminate salaries—Provincial Assembly suspended—No power to terminate salaries—Constitution, s131.
        SCR No 3 of 1988; Re Parliamentary Salaries [1988] PNGLR 213

35. Elections—Disputed election petition—Errors or omissions by officials—Electors not on roll—Electors claiming to vote—Statutory provisions enabling vote where "error in compilation of roll"—Misapplication of provisions—Whether no real electing at all—Whether irregularities affected result—Petition dismissed—Organic Law on National Elections s141.
        Re Torato v Electoral Commissioner of Papua New Guinea [1988-89] PNGLR 83

36. Elections—Disputed election petition—Judicial review—When available—Where important point of law—Where gross error—Constitution, s155(2)(b)—Organic Law on National Elections s220.
        SCR No 5 of 1988; Application by Melchior Kasap [1988-89] PNGLR 197

37. Elections—Disputed election petition—Orders on—Close count of votes—Real possibility of double voting—Declaration that election void.
        Rova Maha v Tau Ian Lesa [1988-89] PNGLR 57

38. Elections—Disputed election petition—Orders on—Power to declare "candidate" duly elected—"Candidate" need not be a party to petition—Power not confined to illegal practices—Power to alter count of vote after poll declared in National Court only—Organic Law on National Elections s212.
        SCR No 5 of 1988; Application by Melchior Kasap [1988-89] PNGLR 197

39. Elections—Voting—Method of marking ballot papers—Ascertaining voter's intention—Marking paper with "X"—Sufficiency of marking—When ballot paper to be treated as informal—Organic Law on National Elections.
        Peter Yama v Melchior Kasap [1988-89] PNGLR 318

40. Members—Misconduct in office—Proceedings for—Particular offences—Punishment—Constitution, s9, s10, s27(1)(c), s27(2), s28—Organic Law on Duties and Responsibilities of Leadership—Leadership Code (Alternative Penalties) Act s2.
        Re Gerard Sigulogo [1988-89] PNGLR 384

41. Procedures of—Motions of no confidence—Motions of censure—When appropriate—Effect of—Successful censure motion against Speaker—Not effective to remove Speaker from office.
        Eichorn v Robert Ninikin [1988-89] PNGLR 222

42. Member of Parliament—Resignation from office—How effected—No requirement for Speaker to accept—"Duties" and "Office" distinguished—Effect of resignation on suspension under Leadership Code—Constitution, s104(2)(c)—Organic Law on Duties and Responsibilities of Leadership, s28.
        SCR No 2 of 1982; Re Kunangel [1991] PNGLR 1

43. Elections—Disputed elections petition—Practice and procedure—Form of petition—Statutory requirements—"Facts" relied upon to invalidate petition—Errors and omissions—Failure to plead material facts—Organic Law on National Elections (Ch1), s208.
        Paua v Ngale [1992] PNGLR 563

44. Constitutional validity of s96(2) of Organic Law on National Elections.
        SCR No 8 of 1992; Application by Mionzing [1992] PNGLR 122

45. Disputed election petition—Form of petition—Compliance with requirements as to form etc. mandatory—Organic Law on National Elections s208, s210, s217.
        Badui v Philemon [1992] PNGLR 451

56. Election petition—Application to strike out petition—Alleged failure to comply with s208 of the Organic Law on National Elections—Alleged failure to set out "facts" relied on for the petition—Meaning of "facts".
        Mond v Okoro [1992] PNGLR 501

47. National Parliament—Nomination of candidate—Time and place for nomination—Expiry of prescribed period for nomination—Permission to extend period denied—Organic Law on National Elections, Part XI, s85.
        Novau v Mark [1992] PNGLR 229

48. Organic Law on National Elections—Period prescribed for nomination of candidate—Extension of period—Duties of returning officer.
        Dihm v Returning Officer for Moresby South Electorate [1992] PNGLR 377

49. Parliament—Petition disputing election—Allegation of bribery—Application to strike out—Failue to comply with s208(a) Organic Law on National Elections—Facts required to plead bribery must assert the base facts necessary to establish that crime—Element of intention must be pleaded—Standard of proof—Organic Law on National Elections s208(a) and s208(d), Criminal Code s103, s104.
        Agonia v Karo [1992] PNGLR 463

50. National elections—Provincial and open electorates—Whether the people of an area which falls within one provincial boundary may be required to participate in a national election in another province—Organic Law on National Elections, s25(1)(a), s33(1), s33(2), s35(2)(b)—Organic Law on Provincial Boundaries.
        Lipu v Electoral Boundaries Commission [1996] PNGLR 178

51. Election petition—lack of standing as an elector and candidate—name not appearing on the common roll
        Polye v Papaki and Electoral Commission (1999) SC643

52. Election Petition—application for judicial review of National Court determination—need to show cogent and convincing reasons—lack of standing as an elector and candidate—name not appearing on the common roll
        Papaki v Polye and Electoral Commission (1999) SC644

52. Election Petition—Evidence—Ballot boxes and ballot papers stolen—allegation of lack of security—inferences to be drawn
        Papaki v Polye and Electoral Commission (1999) SC644

53. National Parliament—Election Petition—Pleading of facts under the Organic Law on National and Local-level Government Elections, s208(a) discussed.
        Kumba v Kuli and Electoral Commissioner (2000) SC641

Parliament—Provincial

1. Provincial Assembly—elections—disputed election petition—Residential qualifications—Constructive residence.
        Discon Daduwe v Joe Area [1979] PNGLR 160; [1979] PNGLR 170

2. Members of—Resignation from Central Provincial Assembly—Establishment of Central Provincial Government.
        Taumaku Morea v Central Provincial Government [1978] PNGLR 415

3. Elections—Disputed election petition—Election of member of parliament—Error or omission by officer—Exclusion of place of residence from constituency by Boundaries Commission—voting in accordance with electoral roll.
        In Re Biami provincial Parliamentary Election Banega Isilowa v Yoto Biaguni [1980] PNGLR 140

4. Elections—Disputed election petition—Form of petition—Allegation of bribery.
        Ipe v Napas [1981] PNGLR 128

5. Elections—Disputed election petition—Form of petition—allegation of bribery.
        Ipe v Napas [1984] PNGLR 81

6. Members—Declaration of financial interests—Failure to declare—Prohibition on standing for election ever again—Contrary to national Constitution and invalid.
        SCR No. 2 of 1984—Re New Ireland Provincial Constitution [1984] PNGLR 81

7. Elections—Nomination of candidate—Compliance with statutory requirements mandatory—Time for.
        Re Application of Arege Yamagu [1986] PNGLR 248

8. Provincial government—Power of National Executive Council to suspend—Principles of natural justice.
        Danley Tindiwi v John Nilkare [1984] PNGLR 191

9. Elections—voting—Recount of votes—When available—May be ordered by returning officers only before declaration of result.
        Sam Sorenu v Tom Nayara [1985] PNGLR 444

10. Provincial Assembly—Quorum—Whether speaker may be counted as member.
        Angmai Bilas v Andrew Kamindai [1985] PNGLR 20

11. Provincial Parliament—Vote of no confidence—Procedure non—justiciable.
        Kagual Koroka v Philip Kapal [1985] PNGLR 117

12. Elections—Provincial government elections—Voting—Polling schedule—Variation of—When permitted—Failure to adhere to—Effect of—where voters deprived of vote—provincial Government (Electoral Provisions) Regulations (Ch56) s90, s91, s92, s94.
        Poia v Valai [1990] PNGLR 388

13. Provincial government—Elections—Electoral Commissioner—Powers of—Power to defer provincial elections—Validity of power—Principles on which power to be exercised—Organic Law on Provincial Government (Ch1), s113.
        Electoral Commissioner of Papua new Guinea v Whiskey Maniho [1987] PNGLR 449

14. Elections—Counting of votes—Request for recount—Reasons for must be given—Provincial Government (Electoral Provisions) Regulation s148.
        Nelson Omagan v Leo Unumba [1988-89] PNGLR 8

15. Elections—Voting—Postal votes—Validity—Compliance with directions as to—Postal vote declaration—To be signed by elector and authorised witness—Failure to sign—Not substantial compliance—Provincial Government (Electoral Provisions) Regulation .
        Rova Maha v Tau Ian Lesa [1988-89] PNGLR 57

16. Provincial Parliament—Morobe Tutumang—Motion of No Confidence—Validity—Sufficiency of notice—Sufficiency of vote on—"Two—thirds absolute majority vote"—Morobe Provincial Constitution, s41, s42—Constitution, Sch1.2, definition "absolute majority vote".
        Hagai Joshua v Aron Meya [1988-89] PNGLR 188

17. Elections—Disputed election petition—Evidence—Recount ordered—Whether all ballot papers included—Result of recount subject to court satisfying itself in any just manner—substantial merits and good conscience—Provincial Government Elections Act (Ch56), s118, s194.
        SCR No 1 of 1990; Application by Electoral Commission [1990] PNGLR 441

18. Elections—Disputed election petition—Declaration that election absolutely void—Effect and consequences—Provincial Government Elections Act (Ch56) (Southern Highlands) s189(h), s2039(c).
        Momis v Ibne Kor [1991] PNGLR 363

19. Elections—Election petition—Form of petition—Compliance with regulations as to filing etc, mandatory—Compliance pre—requisite to jurisdiction—No power to dispense with compliance—Rules of court not applicable—To be filed in Port Moresby—Provincial Government (Electoral Provisions) Regulation 1977 (Southern Highlands Province), s184, s185.
        Application by the Electoral Commission [1991] PNGLR 372

Partnership

1. Real property—Partnership asset—Vesting order sought—Nature of interest in partnership and devolution thereof.
        Re Application of Hutchinson [1984] PNGLR 71

2. Oral agreement—Parties established joint bank account—Modern commercial reality—Applicable law—Partnership on equal terms.
        Bafino v Tibiro [1992] PNGLR 168

Police

1. Actions for wrongs—Assault—False imprisonment—Liability for of state—scope of employment or functions—Officers of the State.
        David Wari Kofowei v Siviri & The State [1983] PNGLR 449

2. Action for wrongs—Liability of State—Police are servants, agents and officers of State—Wrongs (Miscellaneous Provisions) Act (Ch279), s1(1)(a). 940???.
        Independent State of Papua New Guinea v David Wari Kofowei [1987] PNGLR 5

3. Duties of police officers—Attendance at court as witness—Failure to attend—Contempt of court.
        Re Passingan Taru [1982] PNGLR 292

4. Minister of Police—Control over Commissioner of Police and/or Secretary of Police.
        SCR No 1 of 1982 [1982] PNGLR 178

5. Misconduct and discipline—Police appeal tribunal—Not required to give reasons for decision—to observe constitutional requirements of natural justice.
        Lawrence Allen Sausau v The Police Commissioner and the State [1981] PNGLR 327

6. Misconduct and discipline—Statutory powers in relation to—Conviction for offence—Recommendation as to dismissal from force—Recommendation by District Court magistrate—Recommendation not appealable—Police Force Act (Ch65), s57(2)—District Courts Act (Ch40), s219.
        Francis Pora v Alois Sepetio [1988] PNGLR 206

Police Offences

1. Behaviour in riotous manner—What constitutes—Aiding and abetting.
        Yamore Memera v Mathew Bisang [1976] PNGLR 419

2. Group fighting—Imposition of penalty on group leaders—Offence not defined by written law—Statutory provisions unconstitutional and invalid.
        SCR No 1 of 1981—Re s18 of the Constitution [1981] PNGLR 151

3. Group fighting—Declaration of application of Act—notice of declaration signed by Police Commander—Validity of declaration—Declaration effective from making of—notice not essential to validity—Signature of any member of declarating committee sufficient—Inter-group Fighting Act (Ch344), s4.
        Park Wemin v Henry Guawi [1987] PNGLR 346

4. Hindering police in execution of duty—"Hindering"—Elements of offence.
        Downes v Maring Maran [1984] PNGLR 162

5. Intending to fight—What constitutes offence—Aiding and abetting offence.
        Agiru Aieni v Tahain [1978] PNGLR 37

6. Offensive behaviour—Behaviour relied upon of sexual nature—Need for corroboration.
        Mc Callum v Buibui [1975] PNGLR 439

7. Passing cheque not paid on presentation—Onus of proof—Intent to defraud.
        SCR No 1 of 1980 [1981] PNGLR 28

8. Prostitution—"Person who knowingly lives wholly or in part on the earnings of prostitution"
        Wemay v Tumdual [1978] PNGLR 173

9. Taking part in unlawful assembly—Meaning of "presence".
        Wui—Wapi v Ludwick Kembu [1980] PNGLR 7

10. Unlawful laying hold of.
        Wieden v Bogunu Di'i [1976] PNGLR 101

11. Unlawfully on premises—"Without lawful excuse"—Element of criminality required.
        Gari Gari v Ben Anton [1984] PNGLR 1

12. Using insulting words—breach of peace "likely to take place"—Test objective.
        Utula Samana v Demas Waki [1984] PNGLR 8

Post and Telegraph

1. Administrative and control of telecommunications systems—Regulation creating offence of obscene language by use of telephone—Validity of regulation.
        Kuya Kehi v Kelu Theodore [1978] PNGLR 217

Practice and Procedure

1. Action against the state as employer—Joinder of departmental head.
        Appa v Wama [1992] PNGLR 395

2. Application for extension of time—Sufficiency of cause—Principles in exercising discretion.
        Application of Kuri [1992] PNGLR 448

3. Application for judicial review—Applicant need not be present in court.
        Orosa Pogu v The State [1986] PNGLR 203

4. Application for leave to apply for judicial review—Where alternative statutory remedies not exhausted—General rule—Discretionary considerations—Whether abuse of process where alternative procedures pursued concurrently.
        Kekedo v Burns Philp (PNG) Ltd [1988-89] PNGLR 122

5. Application to set aside judgment by default—Judgment obtained on mistaken view of service under Companies Act—Service arguably proper under Rules of Court—Judgment irregularly obtained—Companies Act s239—National Court Rules, O6, r3(2).
        Wong v Haus Bilas Corporation (PNG) Pty Ltd [1988-89] PNGLR 42

6. Application to set aside default judgment—Principles applicable.
        Government of Papua New Guinea and Davis v Barker [1977] PNGLR 386

7. Application to set aside default judgment—Principles applicable—Defence on merits to be particularized.
        Green & Co Pty Ltd v Green [1976] PNGLR 75

8. Application to set aside judgment by default—Defence on merits—Explanations for default—Promptness.
        Barker v State , Davis and Bux [1976] PNGLR 340

9. Application to set aside judgment by default—Onus of proof—Irregularity in proceeding—Service
        George Page Pty Ltd v Malipu Bus Balakau [1982] PNGLR 140

10. Application to set aside judgment by default—Practice of forewarning opposing lawyers of intention to enter judgment ought to be adopted—Failure to adopt practice not grounds for Setting aside judgment—National Court rules O12, r8.
        Mapmakers Pty Ltd v Broken Hill Pty Co Ltd [1987] PNGLR 78

11. Application to set aside judgment by default—Costs on—Service of writ irregular—Defendant entitled to costs—Service regular—Defence on merits pleaded—Application allowed—Defendant to pay plaintiff's costs thrown away by entering judgment.
        Chief Collector of Taxes v Dickson Panel Works Pty Ltd [1988] PNGLR 186

12. Charging orders—What funds available for—Payment into court not available until accepted.
        Counsel v Western Resources Ltd [1986] PNGLR 215

13. Civil proceedings—Desirability of following accepted practices and procedures.
        Ume More v Papua New Guinea University [1985] PNGLR 401

14. Constitutional reference—"When" question arises—Findings of fact to be made by court or tribunal referring question.
        SCR No 3 of 1982 [1982] PNGLR 405

15. Constitutional reference—Interpretation or application of a constitutional law—Principles of natural justice.
        SCR Nos 12 and 12A of 1984—Re Joe Parakas v The State [1985] PNGLR 224

16. Constitutional reference—Form of—"Signed by authority or proper officer on behalf of the Authority"—Special nature of reference—Signature of lawyer not sufficient—Supreme Court Rules, O2, r1, O4, r1(e)—National Court Rules, O2, r33.
        SCR No 4 of 1987; Re Central Provincial Government [1987] PNGLR 249

17. Contempt of court—Failure to provide vehicle for judge on circuit not per se contempt—Failure not calculated to interfere with administration of justice.
        Metta v The State [1992] PNGLR 176

18. Contempt of Court—Practice and procedure—Procedures in Rules of court to be followed.
        Metta v The State [1992] PNGLR 176

19. Costs—Security for costs—Plaintiff resident abroad—Practice of requiring security still appropriate.
        Reynolds v Walcott [1985] PNGLR 316

20. Declaration of right—Procedures for obtaining—Writ of summons or originating summons—Plaintiff may choose—National Court Rules, O4, r2(3), r3.
        Specialist Centre Pty Ltd v The State [1988-89] PNGLR 22

21. Declaratory orders—Locus standi—Principles.
        Papua New Guinea Air Pilots Association v Director of Civil Aviation. [1983] PNGLR 316

22. Declaratory orders—By way of judicial review—Unreasonable delay as bar to relief—Exceptional circumstances to be shown—Constitution, s23(2), s155(4).
        Independent State of Papua New Guinea v Lohia Sisia [1987] PNGLR 102

23. Declaratory relief—Claim against State—Appropriate parties—Proper defendant State rather than Minister.
        Arawe Logging v The State [1988-89] PNGLR 216

24. Declaratory relief—Customs Duties—Disputes as to duty—Whether relief available—Whether payment under protest required—Customs Act (Ch101), s176.
        Pacific Media Publications Pty Ltd v Collector of Customs [1991] PNGLR 108

25. Declaratory relief—When available—As to effect of legislation—Specific problem for determination—No power to declare abstract propositions—Locus standi—Sufficient interest—Joinder of parties—Binding effect on interested parties—Merger of rights.
        Donigi v The State [1991] PNGLR 376

26. Discovery—Automatic discovery—Notice for—Failure to comply—Default procedures available—Discussion of nature of automatic discovery—National Court Rules, O9, r1, r2, r15.
        Credit Corporation (PNG) Ltd v Gerald Jee [1988-89] PNGLR 11

27. Dismissal for want of prosecution—Failure to prosecute appeal with "due diligence"—Relevance of finality of proceedings—Failure to make explanation—Discretionary considerations—Supreme Court Rules, r53.
        General Accident Fire & Life Assurance Corporation Ltd v Ilimo Farm Products Pty Ltd [1990] PNGLR 331

28. Enforcement of constitutional rights—By Court "on its own initiative"—No prescribed procedure for—Irregularities noted on prison inspection as Visiting Justice—Order for State to show cause—Reasonable time to comply—Constitution, s57(1).
        Re Conditions at Buimo Corrective Institution [1988-89] PNGLR 266

29. Extension of time in which to do an act—orders necessary to do justice.
        Independent State of Papua New Guinea v Kubor Earthmoving PNG Pty Ltd [1985] PNGLR 448

30. Ex parte hearing—Leave to apply for judicial review—Leave to intervene—To be restricted to submissions only—"Arguable case"—National Court Rules, O16, r3(2).
        Diro v Ombudsman Commission of Papua New Guinea [1991] PNGLR 153

31. Foreign judgments—Registration of—Setting aside registration of—Service on solicitor on record sufficient.
        Tuxworth v Eggars [1985] PNGLR 282

32. Interlocutory application—Facts to be pleaded in petition—No need to set out the evidence—Facts to be provided given normal meaning—National Court Rules O8 r8.
        Mond v Okoro [1992] PNGLR 501

33. Interlocutory relief—Injunction—principles applicable—Serious question to be tried—Balance of convenience.
        Mt Hagen Airport Hotel Pty Ltd v Gibbes [1976] PNGLR 216

34. Interlocutory relief—Injunction—Principles for grant of interlocutory relief.
        Mauga Logging Company Pty Ltd v South Pacific Oil Palm Development Pty Ltd (No 1) [1977] PNGLR 80

35. Interlocutory proceedings—Compromise—Effect of compromise.
        Caltex (Overseas) Ltd v Dent [1978] PNGLR 411

36. Interlocutory orders—Mareva injunction.
        Wawa Trading Co Pty Ltd v Lie Tat Swie Lie [1982] PNGLR 375

37. Interrogatories—Further and better replies—Declaration as to sufficient of replies.
        Cory v Blyth (No 2) [1976] PNGLR 350

38. Interrogatories—Duty of the Court to determine whether answers sufficient—Just cause in seeking to strike defence out must be shown.
        Naguwean v Papua New Guinea [1992] PNGLR 367

39. Judgment by default—Failure to answer interrogatories within time ordered.
        Cybula v Nings Agencies Pty Ltd [1978] PNGLR 166

40. Judgment by default—claim for liquidated sum—What is "Liquidated claim".
        Dempsey v Project Pacific Pty Ltd [1985] PNGLR 93

41. Judgment by default—Claim for liquidated sum plus statutory interest—Statutory interest discretionary.
        Post and Telecommunication Corporation v Takoa Pastoral Co Pty Ltd [1985] PNGLR 44

42. Judgment by default—Interest on—claim for debt or liquidated demand—Statutory provision for interest—Award within discretion of Court—Principles upon which exercised—Claim "as of right"—Claim under Act—Judicial Proceedings (Interest on Debts and Damages) Act (Ch52), s1, s2.
        Cheong Supermarket Pty Ltd v Pery Muro Trading as Gigidu Trade Store [1987] PNGLR 24

43. Judgments and orders—Consent order—Setting aside—Application to be treated with extreme caution—to be set aside only in clear case—Relevance of delay in bringing application—Ratification of order.
        Paul Torato v Sir Tei Abal [1987] PNGLR 403

44. Judgments and orders—Stay of execution—Stay pending appeal—National Court—Discretionary power—Relevant considerations—Needs for special or exceptional circumstances—Declaration that suspension of Provincial Government void—Stay refused—National Court rules, O13, r21.
        Independent State of Papua New Guinea v Phillip Kapal [1987] PNGLR 302

45. Judicial review of judicial acts—Application to review National Court decision—Civil jurisdiction—Grounds for—Where failure of lawyers to lodge appeal within time—Whether grounds for review cogent and exceptional in the merits of the review—Constitution.
        SCR 1 of 1992; Peter Dickson Donigi v Base Resources Ltd [1992] PNGLR 110

46. Leave to apply for judicial review—Ex parte application—Leave to intervene on not precluded.
        Olasco Niugini Pty Ltd v John Kaputin [1986] PNGLR 244

47. Leave to apply for judicial review—"Ex parte" application—Service of respondent inappropriate—Leave to intervene refused—National Court Rules, O16, r3.
        Simon Manjin v Post and Telecommunication Corporation [1990] PNGLR 288

48. Leave to intervene in appeal from Land Titles Commission ruling—Persons not "aggrieved" with right to appeal pursuant to Part V of the Land Titles Commission Act 1962—Interveners seeking right to be heard—Interests correspond with existing respondents to appeal.
        Application by Hawinda [1992] PNGLR 306

49. National Court—Adjournments—Proceeding set down for trial—Power to adjourn—Principles applicable—Onus on applicant—Actual prejudice to be shown—Injustice to respondent to be weighed—National Court Rules, O10, r11.
        Ok Tedi Mining Ltd v Niugini Insurance Corporation (No 1) [1988-89] PNGLR 355

50. National Court—Affidavits—Striking out material as scandalous—Lawyer making unfounded allegations—Emotional involvement in case—National Court Rules, O11, r28.
        Velegamus v Aisoli; Application of Muntadi [1988-89] PNGLR 63

51. National Court—Appeals to—Power to dispense with conditions precedent—Recognisance to prosecute appeal—Not condition precedent—No power to waive—District Courts Act (Ch40), s222, s231.
        Kiau Nikints v Moki Rumints [1990] PNGLR 123

52. National Court—Application for judicial review—Compliance with Rules of Court—Discretionary considerations—Applicant to have "sufficient interest"—review of deportation order Leave granted—Migration Act—National Court Rules, O16, r3.
        Valentine v Somare [1988-89] PNGLR 51

53. National Court—Declaratory orders—Jurisdiction to make—Discretionary nature of.
        Douglas Charles Dent v Thomas Kavali [1981] PNGLR 488

54. National Court—Declaratory relief—Jurisdiction—Procedural objection to claim for—Where no consequential relief sought—Within discretion of court—Relevant considerations—Multiplicity of proceedings—Disposition of issues—Complex proceedings—Whether advisable in.
        Ok Tedi Mining Ltd v Niugini Insurance Corporation (No 2) [1988-89] PNGLR 425

55. National Court—Declaratory orders—Jurisdiction to make—Discretionary nature of—Necessary in the first instance to find a dispute—Constitution s155(4).
        B Fortunaso Ltd v Bank of South Pacific Ltd [1992] PNGLR 275

56. National Court—Declaratory orders—Jurisdiction to make—Discretionary nature of—Undesirability of multiplicity of proceedings—National Court Rules, ) O16, r9(5) Constitution, s155(4).
        NCDIC v Bogibada Holdings Pty Ltd [1987] PNGLR 135

57. National Court—Dismissal of action for want of prosecution—No time limit in order for security for costs.
        Mauga Logging Company Pty Ltd v South Pacific Oil Palm Development Pty Ltd [1977] PNGLR 467

58. National Court—disputed election—Desirability of full particulars being provided prior to hearing.
        In Re Koroba—Lake Kopiago Open Parliamentary Election [1977] PNGLR 328

59. National Court—Dismissal for want of prosecution—Discretionary matter.
        Nicholas v Commonwealth New Guinea Timbers Pty Ltd [1986] PNGLR 133

60. National Court—Infants and children—Sanctioning of settlements—Impartial opinion of independent counsel required—Another member of firm acting for infant sufficient.
        Gibb v Conboy and Kumbak Plantations Pty Ltd [1977] PNGLR 311

61. National Court—Infants and children—Sanctioning of settlements.
        Koni Nim v Papua New Guinea [1984] PNGLR 232

62. National Court—Inherent jurisdiction—Ad hoc directions—Ex gratia payment for benefit of infant—Power to order payment into court for protection of funds—Infants Act (Ch278), s15—Constitution, s155(4), s185.
        Lamuo Timon v Robert Laurie Co Pty Ltd [1990] PNGLR 120

63. National Court—Inherent jurisdiction—Power to make such orders as are necessary to do justice—Community schools inadequately staffed—Pupils seriously disadvantaged—Power to order repeating of grades without payment of fees—Constitution, s155(4).
        Board of Management of Sikisa Community School v The State [1990] PNGLR 117

64. National Court—Jurisdiction—Infants and children—Sanctioning of settlements.
        Monomb Yamba v Maitus Geru [1975] PNGLR 322

65. National Court—Jurisdiction—Unlimited jurisdiction—No monetary limits—Monetary limit of District Court not affecting—Costs—District Courts Act (Ch40), s21—Constitution, s166, s172(1).
        Chief Collector of Taxes v Kila Kapa [1990] PNGLR 140

66. National Court—Judgment by default—Service of—Claim for unliquidated damages.
        Pos Mai v Papua New Guinea [1981] PNGLR 76

67. National Court—Declaratory orders—Jurisdiction to grant—As to constitutional validity of legislation—No original jurisdiction—Constitution, s18(2), s53, s57.
        Patterson Lowa v Wapula Akipe [1991] PNGLR 265

68. National Court—Motion to strike out claim—Grounds—No reasonable cause of action disclosed—Abuse of court process—National Court Rules Order 12 r40—Privity of contract—Illegality of clause pleaded—Plaintiff's motion for continuance of restraining order.
        PNG Forest Products Pty Ltd v The State [1992] PNGLR 85

69. National Court—Reservation of question of law—Should only be made after issues decided.
        The State v John Rumet Kaputin (No 2) [1979] PNGLR 544

70. National Court—rules constitute a code—Amendment of subject to sanction of Parliament.
        South Pacific Post Pty Ltd v Ephrain Ikenna Maduabushi Nwokolo [1984] PNGLR 38

71. National court—Setting aside consent order—When court should interfere.
        Re Application of Peter Naroi [1983] PNGLR 176

72. National Court—setting aside judgment irregularity obtained—Waiver of irregularity.
        Barlow Industries Pty Ltd v Uvau Imani [1983] PNGLR 125

73. National court—Statement of claim—General indorsement on writ—Relationship between indorsement and statement of claim.
        Evan v Talair Pty Ltd [1983] PNGLR 196

74. National Court—Stay of proceedings—Action on contract—Arbitration clause—powers of court.
        Mauga Logging Company Pty Ltd v Okura Trading Co Ltd [1978] PNGLR 259

75. Non—compliance with rules—Power to dispense with strict compliance.
        Polling v Motor Vehicles Insurance (Papua New Guinea) Trust [1986] PNGLR 229

76. Notice of action—Personal injuries—Damages claim—Notice to Motor Vehicles Insurance (Papua New Guinea) Trust—No action unless notice within six months of accident.
        Rundle v Motor Vehicles Insurance (Papua New Guinea) Trust [1986] PNGLR 181

77. Notice of action—Extension of time for—Personal injuries—Motor vehicle accident—Damages claim—Notice to Motor Vehicle 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 (Ch295), s54(1), s54(6).
        Rundle v Motor Vehicle Insurance (Papua New Guinea) Trust (No 1) [1988] PNGLR 20

78. Notice of action—Extension of time for—Personal injuries—Damages claim—Notice to Insurance Trust—Period extended by Commissioner—Extension not complied with—Application to court for extension competent—Motor Vehicles (Third Party) Insurance Act (Ch295), s54(6).
        Rundle v Motor Vehicles Insurance (PNG) Trust [1987] PNGLR 44

79. Onus of proof—Constitutional references on.
        SCR No 2 of 1982 [1982] PNGLR 214

80. Originating process—Originating summons—To be accompanied by affidavit of facts—Not to be used where dispute of facts.
        Kevin Masive v Iambakey Okuk [1985] PNGLR 105

81. Parties to actions—Adding defendant—Principles to be applied.
        CBS Inc v Ranu Investments Pty Ltd [1978] PNGLR 66

82. Parties—Joinder of plaintiff—Principles generally—Power discretionary.
        Tozer v Independent State of Papua New Guinea [1978] PNGLR 150

83. Parties to proceedings—Injunction to restrain Minister and Head of State from acting under legislation.
        Kila Wari v Gabriel Ramoi [1986] PNGLR 112

84. Parties—leave to join—Proceedings discontinued—Damages claim—Motor vehicle accident—Proceeding against Trust only permitted—Claim for excess against owner to be specifically pleaded—Effect of discontinuance—Motor Vehicles (Third Party Insurance) Act (Ch295), s54(5)—National Court Rules, O5, r3; O8, r66.
        Pickthall v Motor Vehicles Insurance (PNG) Trust [1991] PNGLR 113

85. Parties—Application to join defendant—Personal injuries claim—Application outside limitation period—Whether application may be made—Discretionary powers—Relevance of statutory procedure against Trust—Onus of proof—Explanation for delay—National Court Rules O5, r8, r11(3)—Motor Vehicles (Third Party Insurance) Act—Statutes of Frauds and of Limitations Act s16.
        Pierce v Motor Vehicles Insurance (PNG) Trust [1988-89] PNGLR 480

86. Parties—Proper plaintiff—"United States of America, on behalf of the Embassy of the United States, PNG"—Action by defendant to strike out name—Representative capacity does not affect procedural right or otherwise, in "the Embassy" to be named—Necessity to find capacity in "the Embassy"—National Court Rules O5 r9.
        USA v WR Carpenters (Properties) Limited [1992] PNGLR 185

87. Payment into court—Denial of liability—Action for defamation.
        Cory v Blyth (No 3) [1976] PNGLR 463

88. Pleading—Action for damages for personal injuries—Motor Vehicle accident Inability to serve owner of motor vehicle with process.
        Anderson v Harvey Trinder (N.G) Pty Ltd [1975] PNGLR 24

89. Pleadings—Amendment—Statement of claim—Amendment at trial—Evidence closed.
        New Guinea Company Ltd v Thomason [1975] PNGLR 454

90. Pleadings—Amendment—Amendment causing injustice to party opposing.
        Howard v Bougainville Copper Ltd [1976] PNGLR 298

91. Pleadings—Defences—Amendment—completely different set of facts.
        Cory v Blyth (No 1) [1976] PNGLR 274

92. Pleadings—Further and better particulars of defence.
        McCrohan v Bechtel [1976] PNGLR 355

93. Pleadings—Plaintiffs summons that defendant be ordered to apply for leave to amend his defence.
        Cory v Blyth (No 4) [1976] PNGLR 525

94. Pleadings—Issues of Law—All available issues of law should arise on pleadings.
        Vian Guatal v Independent State of Papua New Guinea [1981] PNGLR 230

95. "Pleadings"—What constitutes—Special endorsed writ of summons.
        Hartley v Niugini Computer Services [1982] PNGLR 23

96. "Pleadings"—What constitutes—Specially endorsed writ of summons.
        Provex Pty Ltd v Siromba Hotels Pty Ltd [1982] PNGLR 283

97. Pleading—Statute of Frauds—Not specifically pleaded—Raising at trial.
        Angelo Cresseri v Halla Resources Corporation [1985] PNGLR 294

98. Pleadings—Party suing in representative capacity—Capacity and particulars to be endorsed on writ of summons.
        Rus Mongogl v Motor Vehicles Insurance (Papua New Guinea) Trust [1985] PNGLR 300

99. Pleading—Notice to plead facts—Writ for recovery of income tax—Writ sufficient pleading—Notice of assessment conclusive—Income Tax Act, s239.
        Chief Collector of Taxes v Lucky Star Cordials Pty Ltd [1988-89] PNGLR 20

101. Pleading—Pleading the "general issue"—Distinguished from general denial of pleaded facts—National Court Rules, O8, r21(2), r28.
        Akipa v Lowa [1990] PNGLR 502

101. Pleading under O8 r33 is a Code of pleading—Failure to plead relevant matters—Need to plead deceased's employment and salary details before they can be brought into evidence—Pleading in dependency claims—Assessment of damages.
        Waima v MVIT (PNG) Trust [1992] PNGLR 254

102. Pleadings—Damages claim—Personal injuries—Economic loss—Specific heads of loss must be pleaded—Home help—National Court Rules O8, r33(1)(g).
        Yarnold v The State [1987] PNGLR 474

103. Powers of Supreme Court—Judicial review of judicial acts of National Court—No cogent and special circumstances established in the merits of the review—Leave refused—Constitution.
        SCR 1 of 1992; Peter Dickson Donigi v Base Resources [1992] PNGLR 110

104. Procedure—Application for judicial review—National Court Rules O16—Defects in procedure for obtaining leave—Inherent jurisdiction of the court to strike out the matter—O8 r27—O12 r40—Application treated as if commenced by ordinary notice of motion—O1 r7.
        Novau v Mark [1992] PNGLR 229

105. Practice—Jurisdiction to make declaratory orders—Constitution, s155(4).
        Lowa v Akipe [1992] PNGLR 399

106. Reference to Supreme Court—When must be referred to Supreme Court—when National Court may determine.
        SCR No 5 of 1985 Joseph Lemuel Raz v Paulius Matane [1985] PNGLR 329

107. Sanctioning settlements—Compromise of action for benefit of infant—Prior payments to infant under statute—Whether deductible from orders sanctioned.
        Kopuri Tapie v Motor Vehicles Insurance (Papua New Guinea) Trust [1986] PNGLR 78

108. Service of process—Registration of foreign judgments—No personal service of notice of registration.
        Tuxworth v Eggars [1985] PNGLR 282

109. Service of process—Service on company—Service at registered address—Registered address post office box number—Box number ceasing to be registered address—No record of change of address—No evidence of notice of non-delivery—Whether service sufficient—Companies Act (Ch146), s394(1).
        Chief Collector of Taxes v Dickson Panel Works Pty Ltd [1988] PNGLR 186

110. Service—Summons to attend Ombudsman Commission—No notice prescribed—Three days notice applicable—Discretion to abridge if purpose not defeated—Organic Law on the Duties and Responsibilities of Leadership (Ch1), s21(3), s31—District Courts Act s47—National Court Rules, O4, r44.
        The State v Kathy Ramoi [1988-89] PNGLR 516

111. Striking out defence—Matters pleaded constituting general denial—Personal injuries claim—Denial or non—admission of all facts alleged—Whether abuse of process—Defence struck out—National Court Rules, O8, r28.
        Wenam Elkum v The State [1988-89] PNGLR 662

112. Striking out—Grounds for—Failure to comply with order for directions—Constitutional reference struck out.
        SCR No 4 of 1987; Re Central Provincial Government [1987] PNGLR 249

113. Summary judgment—Leave to enter final and summary judgment—To be invoked in clear case only.
        Chief Collector of Taxes v TA Field Pty Ltd [1975] PNGLR 144

114. Summary judgment—Promise to forbear—Limited to specific period—Period expired—No ground for refusing summary judgment.
        Hornibrook Constructions Pty Ltd v Kawas Express Corporation Pty Ltd [1986] PNGLR 301

115. Summary judgment—Evidence of facts on which claim based—Admissions—Sufficiency of—Contained in letter delivered prior to action—claim for moneys owing on sale of goods—letter recognising outstanding invoice—Judgment entered—National Court Rules, O12 r38.
        Dep International Private Ltd v Ambogo Sawmill Pty Ltd [1987] PNGLR 117

116. Summary judgment—Facts not disputed—Determination of points of law to be made—National Court Rules, O12, r38.
        Kumul Builders Pty Ltd v Post and Telecommunication Corporation [1991] PNGLR 299

117. Supreme Court—Application for judicial review—Fundamental and substantial issues.
        Ombudsman Commission of Papua New Guinea v Donohoe [1985] PNGLR 348

118. Supreme Court—Application for review of decision of National Court under s155(2)(b) of the Constitution.
        Danny Sunu v The State [1984] PNGLR 305

119. Supreme Cour t—Application for judicial review—Application for review of consent orders—Applicant not "party" to consent orders—Applicant a "person" with right of appeal as party aggrieved by consent orders—Need to justify failure to appeal within time—Application refused—Supreme Court Act—Constitution, s155.
        SCR No 3 of 1989; Kitogara Holdings Pty Ltd v NCDIC [1988-89] PNGLR 346

120. Supreme Court—Application for leave to apply for judicial review—Civil jurisdiction—Relevant principles—Application of—Overall interests of justice—Merits argued and cogent—Failure to lodge appeal in time outweighed—Supreme Court Act s17—Constitution, s155(2)(b).
        New Zealand Insurance Co Ltd v Chief Collector of Taxes [1988-89] PNGLR 522

121. Supreme Court—Appeals—Judicial review—No appeal from Supreme Court—No judicial review of Supreme Court decision—Constitution, s155(2)(a), s155(4).
        SCR No 4 of 1990; Application by Wili Kili Goiya [1991] PNGLR 170

122. Supreme Court—Declaration of underlying law—finding of "no rule of law" necessary.
        Constitutional Reference No 1 of 1977 [1978] PNGLR 295

123. Supreme Court—Interim order by single judge to prevent injustice—principles be applicable.
        Mairi v Tololo (No 1) [1976] PNGLR 59

124. Supreme Court—Reservation of points of law—National Court—Where dependent on disputed facts—Reservation not appropriate.
        Carter v Korobosea Developments Pty Ltd [1986] PNGLR 15

125. Supreme Court—Special reference under s19 of Constitution—What constitutes.
        SCR No 2 of 1981; Re s19 of the Constitution [1981] PNGLR 518

126. Supreme Court—Special reference under s19 of Constitution—What constitutes—Constitutional law—Constitution, s12, s13, s19, Ch1.2.
        SCR No 2 of 1987; Re Seeto [1987] PNGLR 31

127. Time—Dispensing with compliance—Shortening of time for filing defence and other pleadings—Defamation proceedings by Speaker of National Parliament—Allegation of National interest—Application based on speculation—Plaintiff's remedy unaffected—Interests of defendants to be protected—National Court Rules, O1, r7.
        Young v Niugini Nius Pty Ltd [1988-89] PNGLR 49

128. Whether signature of indictment by State Prosecutor ultra vires his powers—Criminal Code s524, s525 and s526(1)—Whether indictment without refusal to commit amounted to an abuse of process of Court—Criminal Code s526(1).
        The State v Burege (No 1) [1992] PNGLR 481

129. No case submission—Principles—Tribunal of law and fact.
        State v Kembu [1996] PNGLR 8

130. Claim against the State—Default judgment—Application to set aside—Grounds of—Irregular service and lack of proof of default—Claims by and Against the State Act (Ch30), s4, National Court Rules, O1 r7 - r10, O4 r4(1)(a), O38(1), O12 r34 - r35.
        Worm and 101 Others v Koken [1996] PNGLR 58

131. Practice—Notice of action—Extension of time for—Personal injuries—Motor vehicle accident—Damages claim—Application to the Court for extension of time—Evidence—"Sufficient cause"—Courts' discretion—Whether court bound by technical rules of evidence—Motor Vehicles (Third Party Insurance) Act (Ch295), s54(6)(b).
        Pup v MVIT [1996] PNGLR 66

132. Appeal—Security for costs—Whether "special circumstances" exist—Supreme Court Act, s18, Rules of the Supreme Court, O7 r23.
        Brinks Pty Ltd v Brinks, Incorporated [1996] PNGLR 75

133. Failure to prosecute appeal with due diligence—Dismissal for want of Prosecution—Supreme Court Rules, O7 r53.
        Public Prosecutor v Marai [1996] PNGLR 81

134. Rule of practice which requires that a Court should give warning of the dangers of acting on uncorroborated evidence in sexual cases—may be raised as a ground of appeal under the Supreme Court Act but cannot be raised by way of judicial review pursuant to Constitution, s155(2)(b).
        Kapau v State [1996] PNGLR 96

135. Where there is a lack of provision for staying proceedings pending judicial review—The power to give ad hoc directions may be found under Constitution, s185.
        Mune v Poto [1996] PNGLR 125

136. Appeal from District Court to National Court—Clerk of District Court failed to proceed with filing of appeal documents as required.
        Pupu v Mara [1996] PNGLR 226

137. Witness should be called—Power of Court to direct that witnesses give evidence even if Counsel decide only to tender written statements—Duty of impartiality—Best evidence—Interlocutory Order.
        State v White (No 1) [1996] PNGLR 262

138. Default Judgment—Application to set aside—Grounds of—Judgment irregularly entered—Whether Defence filed after the close of pleadings at central registry in relation to proceedings filed in sub-registry, and Defence not before the Court at the time motion was heard renders the default judgment irregular—National Court Rules, O1 r8, O4 r38, O12 r23, r35.
        Yangal and Others v Tokam [1996] PNGLR 275

139. Supreme Court—By notice of motion under Supreme Court Rules, O10 and National Court Rules, O16 r11—Quaere whether Supreme Court Act, s17 applies.
        Balakau v Ombudsman Commission of PNG [1996] PNGLR 346

140. Application to dismiss claim as being statute barred—Claims under the Motor Vehicle (Third Party Insurance) Act (Ch295)—No time limitation under that Act—Whether Wrongs (Miscellaneous Provisions) Act (Ch297) or the Statute of Frauds and Limitations Act (Ch330) applies.
        Lipai and Others v MVIT [1996] PNGLR 363

141. Notice of action—Extension of time for personal injuries—Motor vehicle accident—Damages claim—Notice to Trust—Application for extension of time—Extension within Court's Discretion—Exercise of discretion—Motor Vehicles (Third Party Insurance) Act (Ch295) s54(1), s54(6).
        Kalalyo v MVIT [1996] PNGLR 368

142. Charging Order—Order in the nature of—Money standing to the credit of Judgment debtor—Costs awarded to the Judgment Debtor—Jurisdiction to make—whether charging order could be made on judgment amount—National Court Rules, O22, O13 r2(1)(c)
        Waip v MVIT [1996] PNGLR 374

143. Notice of Intended Action—Personal injuries—Motor Vehicles Accident—Notice to Motor Vehicles Insurance (PNG) Trust—purported "Notice" given outside six months statutory period but with period of extension by Commissioner—Motor Vehicles (Third Party Insurance) Act (Ch295), s54(6).
        Tendi v MVIT [1996] PNGLR 379

144. Pleading of cause of action—Underlying law—Action based on local custom—Duty of lawyers or parties to plead cause of action in clear, precise and adequate manner—Constitution, s20, Sch2.1; National Court Rules, O8 r27.
        Piel v Ranpi [1996] PNGLR 396

145. Effect of filing of appeal under District Courts Act (Ch40), s277—Stay of enforcement of District Court Order until entry of appeal is filed—Preservation of appellants rights.
        Mote v Tololo [1996] PNGLR 404

146. District Court—Fair trial—Conduct—principles of fair hearing—Constitution, s59(2).
        Man v Korul [1996] PNGLR 426

147. Practice and Procedure—Judicial Review—Jurisdiction—application for Court to review error—however an application to reargue issues and argue point not raised on appeal—abuse of process—application to reopen appeal by applicant following unsuccessful appeal—power of Supreme Court to review its own decisions—principles on which court will consider application to reopen—res judicata
        Polye v Papaki and Electoral Commission (1999) SC643

148. Judicial Review—jurisdiction—application to reopen review by applicant following unsuccessful application for review—power of Supreme Court to review its own decisions—principles on which court will consider application to reopen—res judicata
        David Lambu v Peter Ipatas and Others (1999) SC645

150. Practice and procedure—Costs—Application was an abuse of process and hopeless—Discretion of Court—liability of Counsel for costs wasted or thrown away.
        Polye v Papaki and Electoral Commission of Papua New Guinea (2000) SC637

151. Practice and Procedure—Application to stay National Court orders—time limit requirements—Abridgement of time—no originating process—power of the Supreme Court to grant a stay pending appeal—unfettered discretion—should only be exercised where "special" and "exceptional circumstances"
        Sankaran Venugopal and PNG Pipes Limited v Port Moresby Pipes Limited and Globe Limited (1999) SC634

152. Practice and Procedure—Order sought in nature of certiorari—Judicial review under the National Court Rules, O16—Proper procedure for obtaining remedy provided for by O16—Procedure for a prerogative writ including certiorari exclusively set out in O16 r1—Leave for judicial review under O16 necessary—Failure to obtain leave is abuse of process of the Court
        The Attorney-General and Others v Hamidian-Rad (1999) SC630

153. Practice and Procedure—Judicial review under the National Court Rules, O16—Power of Court to dispense with Rules of Court—Constitution s155(4), s184—Constitution s155(4) does not apply to practice and procedure of obtaining prerogative writs
        The Attorney-General and Others v Hamidian-Rad (1999) SC630

154. Practice and Procedure—Court of Appeal—Duty of Court of Appeal—Findings of facts—Inferences—Properly made from findings of facts
        Leach v Commissioner General of Internal Revenue Commission (2000) SC631

Precedents

1. Binding effect of National Court and Supreme Court decisions—District Court bound by decisions and directions.
        Fleming v Gwale Dau [1983] PNGLR 339

2. Income Tax—Australian authorities to be followed—Act based on Australian Act—Australian case law predictable—Exception in principle only.
        Barlow Industries Pty Ltd v Chief Collector of Taxes [1987] PNGLR 384

3. Supreme Court—Binding effect of own decisions—Departure in exceptional circumstances—Constitution, Sch2.9(1).
        Motor Vehicles Insurance (PNG) Trust v Reading [1988] PNGLR 236

4. Supreme Court's power to overrule its own earlier decision—Constitution Sch2.9(1).
        SC Reference No 2 of 1992 [1992] PNGLR 336

Prerogative Writs

1. Appropriate remedy—Mandamus or certiorari—Discretionary nature of—Delay in seeking.
        Jovanes Arazi v Department of Transport and Civil Aviation—Ex Parte John Gaius [1981] PNGLR 436

2. Certiorari—Application for—Extension of time.
        The State v Giddings [1981] PNGLR 423

3. Certiorari—Grounds for certiorari to quash—Error on face of record of inferior court—District Land Court.
        The State v District Land Court—Ex Parte Caspar Nuli [1981] PNGLR 192

4. Certiorari—Excess or want of jurisdiction—Committal proceedings—Order available.
        The State v Rush—Ex Parte Rush [1984] PNGLR 124

5. Certiorari—Judicial review by way of—"Sufficient" interest—Person aggrieved may apply.
        Augustine Olei v Provincial Land Court at Port Moresby [1984] PNGLR 295

6. Certiorari—Returnable before Supreme Court or National Court.
        Sudi Yaku v Commissioner of Police—Ex Parte the State [1980] PNGLR 27

7. Certiorari—Grounds for—Clear disregard of substantial justice—District Land Court on appeal from Local Land Court—Purpose of Act to be protected—Land Disputes Settlement Act (Ch45).
        Application of Ambra Nii [1991] PNGLR 357

8. Habeas corpus—Order for custody—order nisis to show cause—Not to be made returnable before Supreme Court as a general practice.
        The State v Viula Onea and Minnie Lam—Ex Parte Amy Viula [1980] PNGLR 186

9. Habeas corpus—Order for custody of child—Claim to writ to be based on clear legal entitlement.
        Norah Ume v Martin Beni [1978] PNGLR 71

10. Mandamus—Available against Sheriff of Papua New Guinea—Discretionary remedy.
        Port Moresby City Council v Sheriff of PNG—Ex Parte Port Moresby City Council [1981] PNGLR 477

11. Prohibition—District Court.
        Ex Parte Papadakis [1977] PNGLR 313

12. Prohibition—Prohibition by Supreme Court to National court before decision—Prohibition premature.
        In Re Moresby North East Election Petition [1977] PNGLR 429

13. Prohibition—Industrial Tribunal.
        Steamships v Dandi Re Skedden [1976] PNGLR 303

14. Supreme Court decisions—Rearguing—Five judge decision—Not to be questioned in short term unless clearly wrong.
        SCR No 2 of 1982; Re Kunangel [1991] PNGLR 1

Principal and Agent

1. Authority of agent—Implies or ostensible authority.
        Rainbow Holdings Pty Ltd v Central Province Forest [1983] PNGLR 34

2. Liabilities of agent—For money received—Real estate agent—Deposit to secure tendency.
        Toplis and Harding Pty Ltd v Dadi Toka and Grandsen [1982] PNGLR 321

3. Authority of principal—Authority of lawyer to compromise proceedings—Scope of—Enforceability.
        Motor Vehicles Insurance (PNG) Trust v Salem [1991] PNGLR 305

4. Ratification—Acts done without authority—Acquiescence by silence and inaction.
        Johns v Thomason [1976] PNGLR 15

5. Real estate agents—Commission—Whether agent effective cause of sale.
        McMahon v Port Moresby Real Estate Pty Ltd [1986] PNGLR 208

Private International Law

1. Enforcement of foreign judgments—Registration of "judgment"—Order of Family Court of Australia for cash sum by way of property settlement.
        Ex Parte Van Der Kreek—Re Van Deer Kreek [1978] PNGLR 398

2. Enforcement of foreign judgments—Registration of "judgment"—Order of Supreme Court of Queensland—Jurisdiction exercised under Family Law Act 1975 (Aust)—Whether "judgment or order made in civil proceedings"—Broad definition.
        Van Der Kreek v Van Der Kreek [1979] PNGLR 185

3. Foreign judgments—Registration of—Setting aside registration of—Service of process.
        Tuxworth v Eggars [1985] PNGLR 28

Public International Law

1. Rules of international law—Adoption of common law—Rules of non—refoulement of refugees.
        SC Application No 1 of 1985—Application by Tom Ireeuw [1975] PNGLR 87

Public Health

1. Food—Adulteration—analysis of samples—Report from analyst not essential.
        Secretary for Law v Kavieng Hotel Pty Ltd [1981] PNGLR 327

2. Food—Sale of food of quality other than that demanded—Implicit that fit for human consumption and uncontaminated.
        Carroll v Gabriel [1976] PNGLR 416

Quasi Judicial Tribunals

1. Administrative and disciplinary tribunals—Police appeal tribunal—To observe constitutional requirements of natural justice.
        Sausau v Police Commissioner [1981] PNGLR 327

2. Leadership Tribunal—Standard of proof—Alleged misconduct in office.
        In Re James Eki Mopio MP [1981] PNGLR 416

Rating and Valuation

1. Local government legislation—Ratable land—Exemptions—Archbishop's residence containing oratory.
        Catholic Mission Property Trust v Rabaul Town Council [1975] PNGLR 448

Real Property

1. Approval of certain dealings—Dealing of "no effect" till Ministerial approval obtained—lease not approved—Possession given and taken—Whether rent recoverable—Land Act (Ch185), s69.
        Re Luabar Logging Pty Ltd [1988] PNGLR 124

2. Approval of certain dealings—Transfer of land—Of no effect until ministerial approval obtained—Contract voluntarily entered into—No statutory protection until steps taken to obtain approval—Specific performance required—Land Act (Ch185), s69.
        Ningiga v Koavea [1988-89] PNGLR 312

3. Compensation claim—Claim to native title established—Compensation for wrongful occupation—Whether claim to be based on common law or custom—Discussions of—Constitution, Sch2.1, Sch2.2(1).
        Madaha Resena v Independent State of Papua New Guinea [1991] PNGLR 174

4. Contract of sale of land—Delay in obtaining ministerial approval—Declaration that contract of sale to be rescinded failed.
        Kwila Insurance Corp v Kwangtun Pty Ltd [1992] PNGLR 200

5. Eviction of trespassers—Common law remedy of self help available—Notice to quit required.
        John Jivetuo v Independent State of Papua New Guinea [1984] PNGLR 174

6. Eviction of squatters—Two weeks notice to quit "harsh and oppressive"—Considerations which determine length of notice for squatters to quit land.
        Bai v Morobe Provincial Government [1992] PNGLR 150

7. Government leases—Forfeiture—Application of rules of natural justice to—Land Act
        Davis v Pitzz [1988-89] PNGLR 143

8. Land Board—Appointment of members—power to revoke appointments—Scope of power—application of principles of natural justice to exercise of power—Land Act (Ch185), s69(3)—Interpretation Act (Ch2), s36.
        Benson Gegeyo v Minister for Lands and Physical Planning [1987] PNGLR 331

9. Land Registration Act—Registration under Act confers indefeasible title—Lease issued in breach of Land Act—Indefeasible title conferred.
        Mudge v Secretary for Lands [1985] PNGLR 387

10. Land Titles—Appeals from Land Titles Commission—Practice and procedure on.
        Arthur Ageva v Bobby Gaigo [1986] PNGLR 160

11. Land titles—National Land Registration claim—Application for settlement payment—Rules of evidence on.
        Toare Karakara v Independent State of Papua New Guinea [1986] PNGLR 186

12. Land Titles—Appeals from land Titles Commission—Practice and procedure on—Dismissal for want of prosecution—Repeal of Supreme Court Appeal (Land Titles Commission) Rules 1968.
        Arthur Ageva v Bobby Gaigo [1987] PNGLR 12

13. Land titles—Claim established—Compensation claim for wrongful occupation by government—Claim to be based on custom—Relevant principles developed—compensation to be fair and reasonable to both parties—Calculation of—Interest on—Constitution, Sch2—Customs Recognition Act (Ch19), s5(g)—Judicial Proceedings (Interest on debts and damages) Act (Ch52), s1.
        Madaha Resena v The State [1990] PNGLR 22

14. Lease and sale by custom—Determination by District Land Court Magistrate following appeal from Local Land Court—National court power of review.
        Application of Rimbo Susu on behalf of himself and other Finschhafen Landowners [1992] PNGLR 37

15. Lease—Customary land—Agreement void pursuant to s73 of Land Act—Provisions of the Act are for the protection of customary land owners—Contract performed—Unjust enrichment.
        Putput Logging Pty Ltd v Ambalis [1992] PNGLR 159

16. Nature of interest of employee in accommodation provided by employer.
        Air Niugini v Talum [1992] PNGLR 296

17. Ownership of customary land—"Conclusive evidence" of Government Title.
        Safe Lavao v Independent State of Papua New Guinea—In Re Kerema Town and Airstrip land [1978] PNGLR 15

18. Ownership of customary land—Customary law—Whether custom of acquiring land by conquest repugnant to the general principles of humanity.
        Wena Kaigo v Sewi Kurondo [1976] PNGLR 34

19. Ownership of land—Determination of—Judicial review of decisions made.
        Augustine Olei v Provincial Land Court at Port Moresby [1984] PNGLR 295

20. Ownership of land—Disputed customary interests—Determination by District Land Court Magistrate.
        The State v Giddings [1981] PNGLR 423

21. Ownership of land—Determination of—Whether land customary land—Exclusive jurisdiction in Land Titles Commission—No power to determine on judicial review—Land Titles Commission Ordinance 1962, s2, s15.
        Independent State of Papua New Guinea v Lohia Sisia [1987] PNGLR 102

22. Ownership of land—Settlement of disputes—Appeals—Appeal to Provincial Land Court—Powers and duties on appeal—Statutory grounds of appeal—To be dealt with specifically—Use of extraneous material—Custom—Determination of—Rebuttable presumption of vesting after 12 years possession—Not unjust deprivation of property—Land Disputes Settlement Act—Constitution s53.
        Application of Nango Pinzi [1988-89] PNGLR 464

23. Ownership of land—Disputed customary interest—Appeal from District Land Court—Power of National Court—Principals to be applied—Where clear disregard of substantial justice—Land Disputes Settlement Act (Ch45).
        Application of Ambra Nii [1991] PNGLR 357

24. State land leases—Special purposes lease—Transfer—Burden of special purpose runs with land—Land Act (Ch185).
        Ponda v Mamun Investments Pty Ltd [1991] PNGLR 337

25. State leases—Compensation for improvements—Refusal to renew lease—Compensation claimable pursuant to repealed Act under which lease granted—Land Ordinance 1911, s54—Land Act (Ch185) (formerly Land Act 1962), s4(1), s4(2), s55(2).
        Fletcher Morobe Construction Pty Ltd v Minister for Lands [1988] PNGLR 39

26. State leases—Forfeiture of—procedure on—Notice to show cause—Any cause shown to receive proper consideration—Requirement of service on all persons having interest—Effect of failure to serve registered mortgagee—Land Act (Ch185), s46(2), s46(3) s46(4).
        Highlands Produce Buyers Ltd v Minister for Lands [1988] PNGLR 39

27. State Land Leases—Compensation for improvements—Lease granted under repealed legislation—Expiration under new legislation—Preservation of accrued rights—Right to compensation potential only—Compensation under new legislation—Whether special lease—Special purposes lease—Land Ordinance 1911—Land Act (formerly Land Ordinance).
        Fletcher Morobe Construction Pty Ltd v Minister for Lands [1988-89] PNGLR 25

28. Vesting order—Partnership asset—Vesting order does not create interest—Consent of Minister not required.
        Re Application of Hutchinson [1984] PNGLR 71

29. "Waste and vacant land"—Proclamation of British Protectorate—Proclamation an act of state.
        Arthur Agevu v Government of Papua New Guinea [1977] PNGLR 99

30. State land lease—Land Board—Recommendation to Minister—Decision to disagree or reject recommendation and refer matter back to Land Board for rehearing—Whether Minister under duty to give reasons and good reasons for decision—Land Act (Ch185), s12(2)(a), s33(b).
        Wandaki v Minister for Lands [1996] PNGLR 116

31. State land lease—Land Board—Recommendation to Minister—Appeal—Statutory time limit for appeal—Whether appeal lodged outside statutory time limit is invalid or competent—Whether Minister under duty to consider incompetent appeal—Land Act (Ch185), s11(1), s11(2).
        Wandaki v Minister for Lands [1996] PNGLR 116

Receivers

1. Duties of—Appointment under company mortgage—Mortgage debt guaranteed—Realisation of assets to satisfy debt—Receiver's duties to mortgagee, company and guarantors.
        Westpac Bank (PNG) Ltd v Henderson [1990] PNGLR 112

Resumption and Acquisition of Land

1. Resumption under statutory power—"Compensation"—Quantum of assessment.
        The Minister for Lands v Frame [1980] PNGLR 433

Sale of Goods

1. Implied warranty—Lifting the corporate veil—Fairness of dealings—Underlying law.
        Luke v Ralda [1992] PNGLR 549

2. Performance of contract—Delivery—Statutory presumption as to.
        Toba Pty Ltd v Poole [1984] PNGLR 94

3. Performance of contract—Duties of seller and buyer—Payment and delivery concurrent—Uniform purchase contract—Coffee—Knowledge of on—selling—Whether effecting contract—Application of cases under Sale of Goods Act 1893 (UK)—Goods Act (Ch251), s18, s19.
        Yha Hauka Coffee Pty Ltd v Kumul Kopi Export Pty Ltd [1991] PNGLR 331

4. Remedies for breach of contract—Measure of damages—Non delivery—No available market.
        Harrisons & Crosfields (PNG) Pty Ltd v Pous Trading [1976] PNGLR 106

5. Remedies of buyer—Oral contract—Action by seller for damages for non—payment.
        Fraser & Fraser v Angco Pty Ltd [1977] PNGLR 134

Sheriff

1. Wrongful arrest of vessel—Counterclaim for damages in action for necessaries—Elements of claim.
        Milan Capek v The Yacht "Freja" (No 2) [1980] PNGLR 161

2. Interpleader—Execution of write to fi fa—mortgaged ship.
        Steamships Trading Co Ltd v Nissan Island Shipping Pty Ltd [1981] PNGLR 38

Shipping and Navigation

1. Admiralty jurisdiction—Law and practice—Jurisdiction of National court—Claim for necessaries supplied to foreign ship.
        Milan Capek v The Yach "Freja" (No 2) [1980] PNGLR 57; [1980] PNGLR 161

2. Admiralty jurisdiction—Law and practice—Jurisdiction of National Court—Claim for necessaries supplied to foreign ship.
        New Guinea Cocoa (Export) Co Pty Ltd v Basis Vedbaek [1980] PNGLR 205

3. Admiralty jurisdiction—Law and practice for Papua New Guinea—Colonial court of Admiralty Act.
        The Ship "Federal Huron" v Ok Tedi Mining Ltd [1986] PNGLR 5

4. Carriage of goods by sea—Action for loss in transit—Limitation of liability.
        Finch v Seafreight Pty Ltd [1976] PNGLR 440

5. Carriage of goods by sea—Actions for loss or injury in transit—Action for indemnity—Statutory provision as to time for making claim—indemnity proceedings based on claim—indemnity proceedings barred if claim barred—Sea carriage of Goods Act (Ch261), Art III, r6.
        Pimco Shipping Pty Ltd v Moeder [1987] PNGLR 47

6. Collisions—Negligence—Yacht owner securing rope to another's mooring—Rope submerged.
        McKenna v Clarke [1980] PNGLR 175

7. Jurisdiction—Supply of goods to domestic ship—No jurisdiction—Administration of Justice Act 1956 (UK), s1(1)—Colonial Courts of Admiralty Act 1890 (Imp).
        Steamships Trading Co Ltd v Owners of the Ship "Samarai" [1988-89] PNGLR 80

8. Salvage—Lloyd's Salvage Agreement—"No cure—no pay" agreement—Salvage performed.
        Seafreight Pty Ltd v The Ship "Manutea" [1975] PNGLR 64

9. Ships—Mortgaged ship—Mortgage properly registered.
        Steamships Trading Co Ltd v Nissan Island Shipping Pty Ltd [1981] PNGLR 388

State Services

1. Corrective institutions—Correctional officers—Disciplinary offences—Who may hear—Natural justice not breached by officer in charge witnessing offence and hearing charge—Power to suspend for "misconduct of any kind"—Corrective Institutions Regulations—Constitution, s59(1).
        Kairi v Commissioner of Correctional Services [1988-89] PNGLR 36

2. Ministers—Departmental Heads—Powers and duties of—Disciplining of Departmental Heads.
        SCR No 1 of 1982 [1982] PNGLR 178

3. Ombudsman Commission—Power to investigate "conduct" of Public Solicitor and employees.
        Constitutional Reference No 1 of 1978 (s19) [1978] PNGLR 345

4. Ombudsman Commission—Proceedings of Commission—Natural justice—Adverse consequences for person named—Right to seek judicial review.
        Ombudsman Commission of Papua New Guinea v Donohoe [1985] PNGLR 348

5. Ombudsman Commission—Other investigating authority—Powers of—Ombudsman Commission unable to conduct investigation—Appointment of investigating authority—Power to refer prosecution matter to Public Prosecutor—Constitution, s28(1)(f), s29(1)—Organic Law on Duties and Responsibilities of Leadership (Ch1), s19(1), s19(2), s20(4).
        Chan v Investigating Authority into the Placer Pacific Limited Share Issue (Makena Geno and Justice Kubulan Los) [1988] PNGLR 43

6. Ombudsman Commission—Leadership Code—Investigation into misconduct in office—Summons to produce documents and furnish information—Summons to "any person"—Includes person under investigation—Organic Law on the Duties and Responsibilities of Leadership (Ch1), s21(1).
        The State v Gabriel Ramoi (No 1) [1990] PNGLR 133

7. Ombudsman Commission—Offences—Failure by person summoned to attend before Commission—Failure to attend "without reasonable excuse—What constitutes reasonable excuse—Absence from country—Knowledge in Commission of absence from jurisdiction—Prior consent to date of attendance not required—Organic Law on the Duties and Responsibilities of Leadership (Ch1), s31.
        The State v Gabriel Ramoi (No 2) [1990] PNGLR 136

8. Police force—Action for wrongs—Liability of State—Police as servants, agents or officers of State—s1(1)(a) and s1(4).
        David Wari Kofowei v Augustin Siviri [1983] PNGLR 449

9. Police force—Action for wrongs—Independent discretion rule not part of underlying law—Liability for State—Tort of police—Police are servants, agents and officers of State—Wrongs (Miscellaneous Provisions) Act (Ch279) s1(1)(a), s1(4).
        The State v David Wari Kofowei [1987] PNGLR 5

10. Provincial Government—Assignment of members of National Public Service to provincial governments—Appointment by Prime Minister—On "recommendation" of provincial government—After "consultation" with Public Service Commission.
        SCR No 1 of 1984—Morobe Provincial Government v Independent State of PNG [1984] PNGLR 212

11. Provincial Government—Assignment of members of National Public Service to Provincial governments—Appointment of departmental head—Mode of appointment—Revocation of appointment—Separate Acts—Statutory provision for consultation on appointment mandatory—Organic Law on Provincial Government, s50.
        Kembol v The State [1990] PNGLR 67

12. Public servants—strike action—Breach of Public Service Act—Disciplinary offence only.
        Public Employees Association of Papua New Guinea v Public Service Commission [1983] PNGLR 206

13. Public Service—Leadership Code—Misconduct in office—Person must be holder of an office to be dealt with.
        In Re Joseph Auna [1980] PNGLR 500

14. Public Service—Leadership Code—"Heads of Departments"—Applicability to acting temporary and substantive appointees.
        Constitutional Reference No 1 of 1978 (s19) [1978] PNGLR 460

15. Public Services Commission—Powers of—Disciplinary charges against Head of Department.
        SCR No 1 of 1982 [1982] PNGLR 178

16. Public services—Transfer of officers—Natural justice—No right to be given reasons and to be heard—Public Services (Management) Act 1986, s23(1)(a), s45, s46, s47, s48.
        Mathew Jaran v Pious Kerepia [1987] PNGLR 16

17. Public servants—Disciplinary offences—Disciplinary tribunal constituted by Department Head—The hearing of charges—Evidence on—Not bound by rules of evidence—Must rely on cogent evidence—Duty to observe rules of natural justice—Fair procedure—Freedom from bias—Public Services (Management) Act 1986, s45, s46, s47
        Gabir v Koronai [1988-89] PNGLR 406

18. Public Servants—Remuneration and salaries—Higher Duties Allowance—Contract of employment—Legal officer class 3—Entry on duty in class 5 position—position occupied 17 months—Public Service General Orders implied into contract—Position occupied on "temporary basis"—Once duties satisfactorily performed Higher Duties Allowance payable—Public Service General Orders, 6.17, 6.21, 6.25.
        Landford v Independent State of PNG [1988-89] PNGLR 439

19. Public servants—Strike action—Breach of Public Service Act—Nature of breach—Disciplinary offence only—No constitutional protection—Public Service Act.
        Public Employees Association of Papua New Guinea v Public Services Commission [1988-89] PNGLR 585

20. Statutory authorities—Leadership Code—Chairman of NBC—Misconduct in office—Allowing "integrity" to be called in question—Diminishing respect for "integrity" of government—Whether actions dishonest—Receipt of rental allowance to which not entitled—Guilt not established to reasonable satisfaction—Recommendations for repayment of monies received—Constitution, s27,—Organic Law on the Duties and Responsibilities of Leadership s27.
        Re Kedea Uru [1988-89] PNGLR 226

21. Statutory bodies—Ministers—Appointment of.
        Sylvanus Gorio v National Parks Board [1982] PNGLR 364

Stamp Duties

1. Unstamped documents—Admitted in evidence—No appeal from ruling on.
        McMahon v Port Moresby Real Estate Pty Ltd [1986] PNGLR 208

2. Collector of Stamp Duties—Rulings of—Of no legal effect—Right to refund—Agreement for sale of land—Agreement giving vendor power to "terminate"—Refund available where "rescinded or annulled"—Right to refund dependent on legal effect of action—Stamp Duties Act (Ch117), s48.
        Wek v Collector of Stamp Duties [1991] PNGLR 60

Statutes

1. Classification—Amending or repealing—Substance of provisions relevant.
        Baiza Tadu Avona v The State [1986] PNGLR 148

2. Construction—Revised laws—Effect of Criminal Code Act.
        The State v Perryman [1982] PNGLR 5

3. Interpretation—Intention—Precise and unambiguous words to be given ordinary and natural meaning.
        Wemay v Kepas Tumdual [1978] PNGLR 173

4. Interpretation—Colonial Acts—Instructions from the colonial power may be used as an aid in interpretation if Act uncertain on its face.
        Safe Lavao v Independent State of Papua New Guinea—In re Kerema Town and Airstrip Land [1978] PNGLR 15

5. Interpretation—Prices regulation Act—Liability of employer deemed absolute in regulatory legislation.
        Bromley and Manton Pty Ltd v Eremas Andrew [1978] PNGLR 498

6. Interpretation—Taxing Act—Strict construction.
        Norah Mairi v Alkan Tololo (No 2) [1976] PNGLR 125

7. Interpretation—Taxing Act—Strict construction.
        James Saleng Mileng v Alkan Tololo [1976] PNGLR 447

8. Interpretation—Civil Aviation—Termination of appointment of general manager by Minister on ground of "inefficiency".
        Fallscheer v Iambakey Okuk [1980] PNGLR 101
        Okuk v Fallscheer [1980] PNGLR 274

9. Interpretation—Rule of construction—"Literal" rule—Whether appropriate to circumstances of Papua New Guinea at this time.
        PLAR No 1 of 1980 [1980] PNGLR 326

10. Interpretation—"According to law"—Refers to whole body of law.
        Avia Aihi v The State [1981] PNGLR 81

11. Interpretation—District Courts Act—Jurisdiction in actions "at law".
        Henry Aisi v Malaita Hoala [1981] PNGLR 199

12. Interpretation—Rules of Court—Not statutory provisions.
        Douglas Charles Dent v Thomas Kavali [1981] PNGLR 488

13. Interpretation—"Subject to and do not derogate from"—Summary Offences Act.
        Michael Ayakamp v Guringing B [1981] PNGLR 531

14. Interpretation—Purposive or literal approach—Land Act 1962.
        Placer Holdings Pty Ltd v The State [1982] PNGLR 16

15. Interpretation—Presumptions—Legislature does not make mistakes—Criminal Code.
        SCR No 4 of 1985; Omaro Garo v The Police [1985] PNGLR 320

16. Interpretation—Relevant principles—Derivative of Australian legislation—Australian case law appropriate.
        Travelodge Papua New Guinea Ltd v Chief Collector of Taxes [1985] PNGLR 129

17. Interpretation—Effect of Revision of Laws Act—No substantive changes changes authorised—Resort to original legislation.
        ET & CT v Director of Child Welfare [1984] PNGLR 25

18. Interpretation—Land Act—A person who contravenes.
        Jivetuo v The State [1984] PNGLR 174

19. Interpretation—Contextual interpretation—"Indemnity"—"Liability—"Any person"—Motor Vehicle (Third Party Insurance) Act.
        George Kiak v Tora Enterprises Pty Ltd

20. Interpretation—Inter-group Fighting Act—Special nature of Law.
        David v Kalasim [1986] PNGLR 241

21. Interpretation—Regulatory power—Whether prohibitory power included.
        NTN Pty Ltd v The State [1986] PNGLR 167

22. Interpretation—General principles—Constitutional requirements paramount—Constitution, s109(4), s158(2).
        SCR No 5 of 1987; Re Central Banking (Foreign Exchange and Gold) Regulations [1987] PNGLR 433

23. Interpretation—To resolve ambiguity—use of parliamentary debates—Where will determine mischief to be remedied—Motor Vehicles (Third Party) Insurance Act (Ch295), s54(6).
        Rundle v Motor Vehicles Insurance (PNG) Trust [1987] PNGLR 44

24. Interpretation Act—Statutory powers—Exercise of—No power to revoke or suspend appointment—Interpretation Act applied—Land Act (Ch185), s693)—Interpretation Act (Ch2), s35.
        Gegeyo v Minister for Lands [1987] PNGLR 331

25. Interpretation Act—Statutory powers—Exercise of—No power to revoke, alter or vary—Power deriving from Interpretation Act applied—Land Act (Ch185) s693—Interpretation Act (Ch20, s35.
        Re Application of National Capital District Interim Commission [1987] PNGLR 339

26. Interpretation Act—Statutory powers—Exercise of—No power to revoke, alter or vary—Power to grant exemption—No power to revoke grant of exemption—Power deriving from Interpretation Act—Power exercisable in same manner as power to grant—National Investment and Development Act s7—Interpretation Act s35.
        Bougainville Copper Foundation v Minister for Trade and Industry [1988-89] PNGLR 110

27. Interpretation—Legislative intention—Use of—Legislation to protect and control fishing industry—Fisheries Act (Ch214), s9.
        Chern Jin Fa v Naniura [1990] PNGLR 506

28. Interpretation and construction—Power to act in ''emergency"—University—Powers of Vice—Chancellor—Powers restricted to those contained in statute—No power to restrict rights—No power to vest powers of search—University of Technology Act 1986 (Ch170), s29(c).
        Gini v University of Technology [1991] PNGLR 20

29. Operation and effect—Retrospective operation.
        Milne Bay Provincial Government v The Honourable Roy Evara MP [1981] PNGLR 63

30. Operation and effect of Revision of Laws Act 1973.
        Ando Kenene v Gabriel Ramon [1983] PNGLR 179

31. Operation and effect—Commencement—Provincial Law—Methods of—Where notice of not given to Minister—Text must be forwarded by registered mail—Organic Law on Provincial Governments (Ch1), s35(3), s36.
        Gulf Provincial Government v Minister for Provincial Affairs [1991] PNGLR 389

32. Operation and effect—Notification of coming into operation—Sufficiency of—Notice of certification ineffective as promulgation—Dangerous Drugs (Amendment) Act 1990 (Ch228), Preamble.
        Gath Yasi v Mesi Butu [1991] PNGLR 206

33. Repeal—Implied repeal—By inconsistent statutes—Later Act covering field—Later Act inconsistent with former Act—Arrest Act—Criminal Code s87.
        The State v Kiap Bonga [1988-89] PNGLR 360

34. Repeal—Savings clauses—Preservation of "rights" under State leases—Whether accrued or potential rights preserved—Right to compensation on termination of lease—Land Ordinance 1911, s54—Land Act.
        Fletcher Morobe Construction Pty Ltd v Minister for Lands [1988-89] PNGLR 25

35. Retrospective operation—substantive rights affected—Workers compensation legislation.
        Edwards v Jordan Lighting [1978] PNGLR 273

36. Retrospective operation—Substantive rights affected—Workers Compensation legislation.
        Ciesla v Bouganville Copper Ltd [1975] PNGLR 185

37. Statutory powers and duties—Statutory bodies—Power to contract—Power to do all things necessary to performance of functions—Power to issue licences subject to conditions—Discretionary powers—Fetter of discretion—Test for—Incompatibility with due exercise of valid powers—Licence conditions conflicting with contractual provisions.
        PNG Coffee Industry Board v Panga Coffee Factory Pty Ltd [1990] PNGLR 363

38. Validity of legislation—Severability—Inter-group Fighting Act—Burden of proof place on accused.
        Constitutional Reference No 3 of 1978 (Re Inter-group Fighting Act 1977) [1978] PNGLR 421

39. Validity—Inconsistency between Act and Rules—Act to prevail—Appeal against sentence.
        Acting Public Solicitor v Uname Aumane and others [1980] PNGLR 510

40 Validity—Group fighting—Imposition of penalty on group leaders.
        SCR No 1 of 1981; Re s18 of the Constitution [1981] PNGLR 151

41. Validity—Manner and form—Organic law—Amendment Act.
        SCR No 2 of 1982 [1982] PNGLR 214

42. Validity—Offences for traffic infringement—Right to have charge proved.
        SCR No 1A of 1981 [1982] PNGLR 122

43. Validity of provincial Acts—Powers to make laws for sale and distribution of liquor—Act prohibiting import of liquor as notified by Minister—Act valid—Ministerial delegation of administrative Act valid—offence created valid—Liquor Licensing and Control Act 1986 (Enga Province), s36—Organic law on Provincial Government (Ch1), s25.
        Kapua Wasant v Peter Nangai [1987] PNGLR 308

44. Validity—Forestry (Private Dealings) Act—Statute regulating sale of timber by statutory owners—Appointment of agents—Power of agent to dispose of property rights—Whether powers in breach of protection for unjust deprivation of property—Constitution, s53—Forestry (Private Dealings) Act (Ch217), s7.
        SCR No 3 of 1989; Re Forestry (Private Dealings) Act [1990] PNGLR 222

Summary Offences

1. Assault—Provocation—Not available as defence—Summary Offences Act, s6(1).
        Fred Nup v Chris Hambuga [1984] PNGLR 206

2. Fighting in manner likely to cause bodily injury to "some other person"—Elements of offence.
        Mona Meluk v Philip Oge [1984] PNGLR 410

3. Unlawful assault—Provocation—Not a defence—Mitigating factor on sentence.
        Aipa Peter v James Kapriko [1984] PNGLR 179

4. Using insulting language whereby breach of peace likely to occur—Real likelihood necessary.
        Public Prosecutor v Utula Samana [1984] PNGLR 301

5. Defences—Provocation—Application of Code provisions to.
        SCR No 6 of 1984: Re Provocation & Summary Offences Act 1977 s6 [1985] PNGLR 31

6. Unlawfully on premises—"Without lawful excuse"—Conduct preparatory to or in furtherance of criminal purposes required.
        Loho v Hambindua [1985] PNGLR 286

7. Unlawfully on premises—"Without lawful excuse"—Element of criminality required.
        John Anskar v Jacob Yansuan [1985] PNGLR 1

8. Unlawfully on premises—Without "lawful excuse"—Includes civil as well as criminal excuses—Visitor directed to leave labourer's only plantation accommodation—No lawful excuse—Summary Offences Act s20.
        Rex Kupu v Demas Doria [1988-89] PNGLR 1

Surveyors

1. Misconduct and discipline—Disciplinary proceedings—right to be heard on penalty Survey Act.
        Adoremus v PNG Survey Board [1990] PNGLR 518

Testator's Family Maintenance

1. Failure by Testator to make proper provision for applicant—Applicant Widow—Duty of testator.
        In Re Hugh Maclean [1976] PNGLR 360

Torrens System

1. Indefeasibility of title—Principles applicable to registration under Land Registration Act.
        Mudge v Secretary for Lands [1985] PNGLR 387

Torts

1. Malicious prosecution—Actionable proceedings—Reasonable and probable cause.
        Ignote v Hualupmomi [1996] PNGLR 308

2. What is reasonable and probable cause considered—Whether criminal proceedings instituted under Criminal Code Act (Ch262) s347 on inadequate evidence constitute malicious prosecution.
        Ignote v Hualupmomi [1996] PNGLR 308

Town Planning

1. Parks and reserves—Power to declare—Power to revoke, alter or vary declaration—Duty to consult with administering body—Duty to give reasons for revocation where challenged—no reasons given—Decision reviewed and revoked—Land Act (Ch185), s25—Interpretation Act (Ch2), s35.
        Re Application of National Capital District Interim Commission [1987] PNGLR 339

Trade and Commerce

1. Restraint of trade by agreement—Validity and reasonableness—Employed pharmacists—Restrain on working within 40 km area—Whether reasonable in time and space and in public interest—Nature of profession and services in Papua New Guinea—Restraint unreasonable—Quaere applicability in light of protection of employment rights under Constitution.
        Taurama Pharmacy Pty Ltd v Sherwen [1990] PNGLR 127

2. Restraint of trade by agreement—Validity and reasonableness—Contract between employer and employee.
        WA Flick & Co Pty Ltd v Thompson [1976] PNGLR 112

3. Statutory regulation of marketing—Coffee industry—Export licence—conditions—Whether power to impose fettered by contractual provisions of stockpiling agreements—Coffee Industry Act (Ch208), s13, s14, s32.
        PNG Coffee Industry Board v Panga Coffee Factory Pty Ltd [1990] PNGLR 363

Trespass

1. Real property rights—Right to possession—Eviction of trespassers.
        John Jivetuo v Independent State of Papua New Guinea [1984] PNGLR 174

2. Trespass to person—Surgical operation without consent—Nature of action.
        Baupupu Arinuma v Likeman and Government [1976] PNGLR 200

3. Trespass to land—Compensation for—Wrongful occupation of customary land by government—Claim to be based on custom—Relevant principles developed—compensation to be fair and reasonable to both parties—Calculation of—Interest on—Constitution, Sch2—Customs Recognition Act (Ch19), s5(g)—Judicial Proceedings (Interest on Debts and Damages) Act (Ch52), s1.
        Madaha Resena v Independent State of Papua New Guinea [1990] PNGLR 22

Trusts and Trustees

1. Alleged breach of implied trust—Lawyer for vendor holding settlement moneys on sale—Purchaser not seeking account—Question of solicitor/client relationship raised in counsel's address—Responsibility of trustee to stranger.
        TR Arawa No 8 Pty Ltd v Amnol [1992] PNGLR 495

2. Breach of trust—What is—Sale of shares held in trust—Trustees directors of proprietary company—Company holding traditional land—Shares held in trust for clans—Duty to consult with beneficiaries—Proper "consultation"—Consent of beneficiaries—Breach established—Constitution, s255.
        Pung Nimp v Robi Rumants [1987] PNGLR 96

3. Following trust property—Purchaser with notice of trusts—Sale of shares in propriety company—Company holding traditional land—Sale without consultation with beneficiaries—Purchaser trustee for beneficiaries.
        Pung Nimp v Robi Rumants [1987] PNGLR 96

4. Vesting order—Real property—Partnership asset—Assignment of partnership interest prior to death—nature of interest in partnership and devolution thereof.
        Re Application of Hutchinson [1984] PNGLR 71

Valuation of Land

1. "Unimproved value"—Market value—To be ascertained from comparable sales.
        Steamships v Valuer General [1984] PNGLR 268

Vehicles and Traffic

1. Licensing of drivers—Person convicted of traffic offence—Cancellation—Disqualification.
        Dan Mon v Mathew [1975] PNGLR 116

2. Licensing of drivers—Person convicted of traffic offence—Disqualification—Whether necessary to administer allocutus before disqualifying.
        Kamir v Peneia Woi Woi [1975] PNGLR 39

3. Licensing of drivers—Person convicted of traffic offence—Disqualification—Whether necessary to administer allocutus before disqualifying.
        Kapen Boe Arua v Bulanasoi [1975] PNGLR 44

4. Licensing of drivers—Person convicted of traffic offence—Power to suspend or cancel licence.
        Aruru Antar v Pius Nime [1975] PNGLR 296

5. Licensing of drivers—Person convicted of traffic offence—fine and suspension of licence imposed—Notice of appeal not operating as stay of order for suspension.
        Eastwood v Samar [1976] PNGLR 206

6. Licensing of drivers—Person convicted of traffic offence—Fine and suspension of licence imposed—Appeal heard after expiration period of suspension.
        Maring Kataka v Peter Kuman [1977] PNGLR 358

7. Licensing of drivers—suspension of licence—Traffic offences—Restrictions on power to suspend.
        Fleming v Gwale Dau [1983] PNGLR 339

8. Offences—Driving on public street without due care and attention—"Public street"—Principles relating to penalties.
        Ling Ainui v Luke Ouki [1977] PNGLR 11

9. Offences—Failure to give right of way—Not applicable to vehicles on same road.
        Donald Koimboti v Michael Bibi [1978] PNGLR 124

10. Offences—Driving under influence—Sentencing—total punitive effective.
        Public Prosecutor v Barry Holloway [1981] PNGLR 482

11. Offences—Traffic infringement summons—Acts requiring court to record plea of guilty of non appearance—Validity of legislation.
        SCR No 1A of 1981 [1981] PNGLR 122

12. Offences—Penalty—Maximum prescribed by statute—Maximum to be reserved for worst kind of offence.
        Fleming v Gwale Dau [1983] PNGLR 339

Vendor and Purchaser

1. Agents commission on sale—Whether agent effective cause of sale.
        McMahon v Port Moresby Real Estate Pty Ltd [1986] PNGLR 208

2. Contract for sale of land—Ministerial approval required to transfer—Transfer not effective until approval obtained—Contract otherwise enforceable—No statutory protection until steps taken to obtain approval—Specific performance required—Land Act (Ch185) s69.
        Ningiga v Koavea [1988-89] PNGLR 312

3. Contract for sale of land—Option to purchase in lease exercised—Improvements effected—Improvements made not subject to covenants in lease—Change in relationship of parties.
        Ningiga v Koavea [1988-89] PNGLR 312

4. Contract for sale of land—Evidence of—Note or memorandum in writing—Letter from vendor/landlord supporting application for finance—Letter sufficient—Specific performance granted—Frauds and Limitations Act 1988.
        Jacobs v Kwaindu [1991] PNGLR 366

5. Sale of land—Special purposes lease—Burden of special purpose lease runs with land—Land Act (Ch185).
        Ponda v Mamun Investments Pty Ltd [1991] PNGLR 337

Vicarious Liability

1. Police commander acting in the course of his duties and within the scope employment—State liability for actions of the police as servants or agents of the state—Of state for action of the police resulting in death of plaintiff's son—Wrongs (Miscellaneous Provisions) Act (Ch297).
        Jack v Karani [1992] PNGLR 391

2. Tortfeasor paid by Provincial Government but working for National Government—Acting within course of employment—Of government for assault by employee.
        Wango, Mantz v Pot Andakundi and The State [1992] PNGLR 45

3. Actions for wrongs of officers of the Defence Force and Police—Practice and procedure in trials of multiple plaintiffs—Pre trial hearings and admission of evidence.
        Aure and Others v Boko [1996] PNGLR 85

Wills, Probate and Administration

1. Administration of intestate estates—Automatic citizens—Power and obligations of Provincial Commissioner—Power distinct from obligation—Where customary administrator challenged—Duty of Provincial Commissioner to act—Native Administration Regulations (TNG) (Ch315)—Wills, Probate and Administration Act (Ch291).
        Don Kapi v Mana Yaliock (Decd) [1986] PNGLR 73

2. Automatic citizens—Intestate estates—Administration—Power and obligations of Provincial Commissioner.
        Don Kapi v Mana Yaliock (deceased) [1986] PNGLR 73

3. Making of—Testamentary documents intended as will—Extensive handwritten alterations—Alterations unwitnessed—Defects and informalities—Clear intention to make a will.
        Public Curator of Papua New Guinea v Rei Reinou [1978] PNGLR 253

4. Making of—Testamentary document intended as will—One witness only—Defects and informalities.
        Public Curator of Papua New Guinea v Public Trustee of New Zealand [1976] PNGLR 427

5. Making of—By automatic citizen—Absolute right to make statutory will—Limitations as to property that may be disposed of—Appointment of guardians—Partial intestacy.
        Re James Allan Sannga; Timereke v Ferrie [1983] PNGLR 142

Workers Compensation

1. Entitlement to compensation—Remedy alternative to common law claim—Workers' Compensation Act (Ch179), s84(4).
        Joseph Tonava v Electricity Commission of Papua New Guinea [1987] PNGLR 275

2. Injury "in course of employment"—Member of Defence Force—Injured playing town competition football for Defence Force—Inquiry not compensable—Test whether doing something "reasonably incidental" to employment—Workers Compensation Act (Ch179), s54.
        Re Application of Elgin Koronos [1988] PNGLR 90

3. Persons entitled to compensation—"Worker"—Whether taxi driver a worker.
        Takla Tingiruan v Rabaul Garage Ltd [1979] PNGLR 179

4. Proceedings to obtain compensation—Time for commencing—Notice of claim and claim for compensation made within time limited—Not time limited for commencing proceedings.
        Lakunda Plantation Pty Ltd v Ian Maluvil [1981] PNGLR 252


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