N8419
PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

WS NO 1406 OF 2010

BETWEEN:
NICK BETANJO FOR HIMSELF
AND 100 OTHERS NAMED IN THE SCHEDULE TO THE WRIT
Plaintiffs

AND:
FRED YAKASA, METROPOLITAN SUPERINTENDENT,
NATIONAL CAPITAL DISTRICT
First Defendant

GARI BAKI, COMMISSIONER OF POLICE
Second Defendant

THE INDEPENDENT STATE OF PAPUA NEW GUINEA
Third Defendant

Waigani: Cannings J
2020: 17th, 22nd April, 12th, 17th, 22nd June, 17th July

DAMAGES – breach of human rights – Police raid of urban settlement – property damage –assessment of damages after trial on liability.

The plaintiffs sued the defendants (various members of the Police Force and the State) in connection with a police raid of the urban settlement in which they lived. A trial on liability resulted in judgment in favour of the plaintiffs, against the first defendant (the member of the Police Force who led the raid) and the third defendant (the State), for negligence and for human rights breaches under ss 36(1) (freedom from inhuman treatment), 49 (right to privacy) and 53 (protection from unjust deprivation of property) of the Constitution. At the trial on assessment of damages, 100 plaintiffs gave evidence and sought damages in five categories: (a) special damages (property losses), various amounts totalling approximately K4.6 million; (b) general damages for pain and suffering, distress etc, K20,000.00 each; (c) damages for trespass, K10,000.00 each; (d) damages for breach of human rights, K15,000.00 each; and (e) exemplary damages, K15,000.00, a grand total of approximately K10.6 million. In response, the defendants submitted that the plaintiffs should be awarded: (a) nothing for special damages (property losses), as the claims were excessive, uncorroborated and based on a valuation report lacking credibility; (b) K2,500.00 each for general damages for pain and suffering, distress etc; (c) nothing for trespass (as no liability was established for the tort of trespass); (d) K2,500.00 each for damages for breach of human rights; and (e) K2,500.00 each for exemplary damages, a grand total of K750,000.00. 

Held:

(1)	Though there were deficiencies in the plaintiffs’ evidence, damages were awarded to each plaintiff who gave evidence in the following amounts: (a) special damages (property losses), each claim being discounted by 90% to arrive at an appropriate assessment, a total of K468,389.73; (b) general damages for pain and suffering, distress etc, K10,000.00 each, a total of K1,000,000.00; (c) damages for trespass, zero; (d) damages for breach of human rights, K5,000.00 each, a total of K500,000.00; and (e) exemplary damages, K5,000.00, a total of K500,000.00. The grand total of damages awarded was K2,468,389.73. 

(2)	In addition, each plaintiff was awarded interest on the amount of damages awarded to them, at the rate of 2% per annum, for the period from the date of the filing of the writ to the date of judgment, a period of 9.68 years, a total of K478,373.93. The total judgment sum was K2,946,763.65.

Cases Cited

The following cases are cited in the judgment:

Albert Baine v The State (1995) N1335
Alphonse Willie v Simon Kaupa (2016) N6553
Anuta Jobou v Alfred Kumasi and The State (2012) N4607
Eton Pakui v The State (2006) N2977
Francis Fuliva v Inspector Tony Wagambie Junior (2013) N5221
Jacinta Albert v Joseph Aine (2019) N7772
Joe Tipaiza v James Yali (2008) N3472
Jonathan Mangope Paraia v The State (1995) N1343
Justin Bau v Paul Karl (2010) N4123
Kolaip Palapi v Sergeant Poko (2001) N2274
Kopung Brothers Business Group v Sakawar Kasieng [1997] PNGLR 331
Michael Jacob v Jim Namora & The State (2020) N8385
Peter Wanis v Fred Sikiot and The State (1995) N1350
Stanley Baine v Arnold Ulga & The State (2019) N8076
Thompson Munvi v Arnold Ulka Takai & The State (2018) N7100
Yooken Pakilin v The State (2001) N2212

ASSESSMENT 

This was a trial on assessment of damages following a trial on liability. 

Counsel:

T T Yai, for the Plaintiffs
T Mileng, for the Defendants

17th July, 2020

1.      CANNINGS J:  This is an assessment of damages following a trial on liability, in which the first defendant (a member of the Police Force) and the third defendant (the State) were found liable for human rights breaches committed against the plaintiffs in a police raid of Maramuni Block, Five Mile settlement, Gordon Ridge, National Capital District, carried out on Saturday 26 June 2010. A total of 100 plaintiffs have given evidence. 

2.     The police raid was undertaken in response to an alcohol-fuelled incident surrounding a State of Origin match earlier in the week in which two men were killed. The Police arrived at the settlement on the morning of 25 June 2010 and ordered the residents to hand over the suspects, but were evidently not satisfied with the level of cooperation they received. The raid began at 10.00 am on 26 June 2010 and continued throughout that day. The police were fully armed and a bulldozer was deployed to destroy houses, stores and other structures. There was no court order authorising the raid and it was not authorised by any other lawful process. Those are the facts on which liability has been established. 

PLAINTIFFS’ CLAIMS AND DEFENDANTS’ RESPONSE 

3.     The plaintiffs seek damages in five categories: 

(a) special damages (property losses), various amounts totalling approximately K4.6 million; 

(b) general damages for pain and suffering, distress etc, K20,000.00 each; 

(c) damages for trespass, K10,000.00 each; 

(d) damages for breach of human rights, K15,000.00 each; and 

(e) exemplary damages, K15,000.00 each;

a grand total of approximately K10.6 million.

4.     In response, the defendants submit that the plaintiffs should be awarded: (a) nothing for special damages (property losses), as the claims were excessive, uncorroborated and based on a valuation report lacking credibility; (b) K2,500.00 each for general damages for pain and suffering, distress etc; (c) nothing for trespass (as no liability was established for the tort of trespass); (d) K2,500.00 each for damages for breach of human rights; and (e) K2,500.00 each for exemplary damages, a grand total of K750,000.00. 

EVIDENCE

5.      The plaintiffs’ case consisted of affidavits sworn by 100 plaintiffs, deposing to what the police had done and the property damage the deponent had incurred and/or witnessed. There was no evidence for the defendants. 

DETERMINATION OF LIABILITY

6.     The terms of the order of 1 August 2019 are that the plaintiffsestablished liability against the first and third defendants in negligence and for breaches of human rights under ss 36(1) (freedom from inhuman treatment), 49 (right to privacy) and 53 (protection from unjust deprivation of property) of the Constitution.

GENERAL PRINCIPLES FOR ASSESSMENT OF DAMAGES 

7.     In assessing damages I have had regard to the following principles: 

•	The plaintiffs have the onus of proving their losses on the balance of probabilities. It is not sufficient to make assertions in a statement of claim and then expect the court to award what is claimed. The burden of proving a fact is upon the party alleging it, not the party who denies it (Yooken Pakilin v The State (2001) N2212).

•	Corroboration of a claim is usually required and the corroboration must come from an independent source (Albert Baine v The State (1995) N1335; Kopung Brothers Business Group v Sakawar Kasieng [1997] PNGLR 331).

•	The principles of proof and corroboration apply even when the defendant fails to present any evidence disputing the claim (Peter Wanis v Fred Sikiot and The State (1995) N1350).

•	The fact that damages cannot be assessed with certainty does not relieve the wrongdoer of the necessity of paying damages. Where precise evidence is available, the court expects to have it. However, where it is not, the court must do the best it can (Jonathan Mangope Paraia v The State (1995) N1343).

•	The court must be alert to vague claims, unsupported by corroborating evidence, as they might be false claims. The court must only uphold genuine claims (Kolaip Palapi v Sergeant Poko (2001) N2274).

APPROACH TO ASSESSMENT OF DAMAGES 
8.     I will assess damages in the five categories of damages claimed by the plaintiffs.

(a)	PROPERTY LOSSES

9.     Mr Mileng, for the defendants, pointed out many deficiencies in the plaintiffs’ evidence, in his detailed and helpful written submission. I take into account that there is a detailed valuation report corroborating the plaintiffs’ claims but I agree that the evidence as to how it was prepared strains credibility. The lead plaintiff, Nick Betanjo, states that after the police arrived on the morning of 25 June and spoke to the residents and threatened that if they did not cooperate there would be trouble, he sensed that the Police were serious, so he hurriedly sought the services of a registered valuer who came and inspected all the plaintiffs’ properties that afternoon and a valuation report was later prepared.

10.     I uphold Mr Mileng’s submission that the plaintiffs’ claims are exaggerated. However, I do not think it would be appropriate to award them nothing. Clearly there was a raid and a lot of homes and other properties were destroyed. The plaintiffs have a right to be compensated for their property losses. 

11.     I have had regard to the approach I have taken in a number of other cases of multiple plaintiffs, in “police raid cases”. In some cases I have discounted each claim by a certain percentage to arrive at reasonable and realistic sums. For example:

•	Eton Pakui v The State (2006) N2977: a case involving an unlawful police raid of Tulipato village, Enga Province. The 16 claims were each discounted by 90%. 

•	Joe Tipaiza v James Yali (2008) N3472: 220 plaintiffs claimed property losses of K3.9 million following an unlawful squatter eviction exercise by Police and the provincial government in Madang. Each claim was discounted by 50%. 

•	Anuta Jobou v Alfred Kumasi and The State (2012) N4607: there was  an unlawful police raid of Bom village in the Rai Coast district of Madang Province in which houses were burned and other property including gardens and livestock destroyed. The claims by the 155 plaintiffs were each discounted by 50%. 

•	Francis Fuliva v Inspector Tony Wagambie Junior (2013) N5221: 1,281 plaintiffs, illegal settlers on Government land in Madang, succeeded at a trial in establishing a cause of action in breach of the agreement governing their eviction. A separate trial was conducted on assessment of damages. The plaintiffs claimed two categories of damages: (1) general damages for breach of agreement and pain and suffering, K5,000.00 each; and (2) specific damages for destruction of property, different amounts being sought by each plaintiff, a sum of K13,585,763.81. It was held that there was no evidence in support of the plaintiffs’ claim for general damages and nothing was awarded. As for the claims for property damage, each claim was discounted by 90% to arrive at an award of damages for property losses. 

•	Thompson Munvi v Arnold Ulka Takai & The State (2018) N7100: there was  an unlawful police raid of a rural settlement in Madang district of Madang Province in which houses were burned and other property including gardens and livestock destroyed. The 1,335 plaintiffs obtained default judgment, but at the trial on assessment of damages, only 106 gave evidence. The 106 claims for property losses were each discounted by 90%. 

•	Stanley Baine v Arnold Ulga & The State (2019) N8076: there was  an unlawful police raid of a village on Karkar Island in Sumkar district of Madang Province in which houses were burned and other property including gardens and livestock destroyed. Default judgment was entered against the defendants. At the trial on assessment of damages, 76 plaintiffs gave evidence. Their claims for property losses were each discounted by 90%. 

•	Michael Jacob v Jim Namora & The State (2020) N8385: there was  an unlawful police raid of villages on Bagabag Island in Sumkar district of Madang Province in which houses were burned and other property including gardens and livestock destroyed. Liability was established at a trial. At the trial on assessment of damages, 107 plaintiffs gave evidence. Their claims for property losses were each discounted by 90%. 

12.    In other cases I have awarded the same global sum to each plaintiff who has given evidence. For example:

•	Justin Bau v Paul Karl (2010) N4123: 61 plaintiffs were the victims of a police raid at Muledami settlement in the hilltops around Kimbe, West New Britain. In an assessment of damages following entry of default judgment against the State I concluded that the claims were exaggerated and because of the lack of precision in the amounts being claimed by the plaintiffs I awarded them a flat figure of K10,000.00 each, rather than discounting each claim. 

•	Alphonse Willie v Simon Kaupa (2016) N6553:  1,852 plaintiffs sued the Police and the State after a series of raids on villages in the Gena area of Kerowagi District, Chimbu Province. Default judgment was entered against the State, which was held to be vicariously liable for the torts of trespass to property and detinue and for breaches of human rights committed by members of the Police Force. Because of deficiencies in the evidence, the 1,687 plaintiffs who gave evidence were awarded a global sum of K5,000.00 each to cover all causes of action and all categories of damages. The total amount of damages awarded was K8,435,000.00.

13.     I have decided to take the first approach outlined above. I will discount each claim by 90% to take account of the deficiencies in the evidence. The result of this process of assessment is shown in table 1. Column 1 is the number ascribed to the plaintiff according to the numbering in Mr Yai’s submission. Column 2 is the plaintiff’s name. Column 3 is the amount claimed by the plaintiff for property losses. Column 4 is the figure in column 3 multiplied by 10% (representing the discounting of the total claim for property losses by 90%). It is the figure in column 4 that is the amount awarded to the plaintiff for property losses (category (a) of the claims). 

TABLE 1: AWARD OF DAMAGES FOR PROPERTY LOSSES 

No	Plaintiff’s name	Property losses claimed (K)	Property losses awarded (K)	
1	Roselyn Tuli	3,516.00	351.60	
2	Ben Tuli	10,186.00	1,018.60	
3	Margaret Tuli	24,180.00	2,418.00	
4	Benson Tuli	132,900.00	13,290.00	
5	Bukon Tuli	3,360.00	336.00	
6	Melen Tuli	6,708.00	670.80	
7	Edward Tuli	2,160.00	216.00	
8	Sande Gasap	21,786.50	2,178.65	
9	Peter Kupa	9,000.00	900.00	
10	William Katra	3,018.00	301.80	
11	Luke Lapra	67,283.00	6,728.30	
12	James Nick	56,490.00	5,649.00	
13	Jan Betanjo	180,717.75	18,071.78	
14	Dick Tegen	83,400.00	8,340.00	
15	Nathan Luna	12,430.00	1,243.00	
16	Allen Papis	37,100.00	3,710.00	
17	Richard Piyako	32,600.00	3,260.00	
18	Jason Yapalin	22,000.00	2,200.00	
19	PalousJacop	15,000.00	1,500.00	
20	KessyLumbara	10,514.00	1,051.40	
21	Joseph Jone	8,801.00	880.10	
22	Jonny Jackson	56,500.00	5,650.00	
23	Willie Peter	6,162.00	616.20	
24	Muli Kor	8,832.00	883.20	
25	Dick Kapi	42,589.00	4,258.90	
26	Sr Mamai Tare	97,600.00	9,760.00	
27	Kewa Mark	31,596.00	3,159.60	
28	Serah Mark	79,500.00	7,950.00	
29	Thomas Maino	12,500.00	1,250.00	
30	Sakaraim Betanjo	45,950.00	4,595.00	
31	KandesNichodimus	2,920.00	292.00	
32	Kalu Lyambi	13,513.00	1,351.30	
33	Enop Janet	1,610.00	161.00	
34	Andrew Adik	1,140.00	114.00	
35	Sande Waro	27,010.00	2,701.00	
36	Anna Was	2,955.00	295.50	
37	YowanYakop	24,236.00	2,423.60	
38	Mision Kandata	4,800.00	480.00	
39	Mathew Yopond	9,100.00	910.00	
40	Rex Nengi	3,804.00	380.40	
41	Jerekon Jim	11,410.00	1,141.00	
42	Thomas Pako	3,229.00	322.90	
43	Bobby Tony	1,536.00	153.60	
44	PalipeOmoko	3,714.00	371.40	
45	Betanjo Kipan	105,900.00	10,590.00	
46	Lasak Evara	73,538.00	7,353.80	
47	Nick Betanjo	497,650.00	49,765.00	
48	KazarinaKaza	6,710.00	671.00	
49	Kande& Mision Maringi	1,350.00	135.00	
50	Arosa Moses	17,020.00	1,702.00	
51	KupaponYowan	5,565.00	556.50	
52	Rex Kaimalo Mango	15,216.00	1,521.60	
53	Kindi Nawen	5,689.00	568.90	
54	Tera Kalak	15,070.00	1,507.00	
55	Daniel Ikis	55,000.00	5,500.00	
56	Timothy Warip	6,650.00	665.00	
57	Kalak Some	4,499.00	449.90	
58	Lawrence Kiso	17,970.00	1,797.00	
59	Leo Yopond	1,359.00	135.90	
60	Simon Laima	12,872.00	1,287.20	
61	Lusa Franklyn	10,200.00	1,020.00	
62	Alex Kaipas	2,754.00	275.40	
63	Mathias Tera	40,890.00	4,089.00	
64	James Puspai	36,765.00	3,676.50	
65	Jolly Tapus	14,040.00	1,404.00	
66	Hosea Tuli	2,984.00	298.40	
67	Cathy Korakan	162,270.00	16,227.00	
68	Martin Tasem	106,000.00	10,600.00	
69	Laxsy Robin	110,000.00	11,000.00	
70	Geewan Lopes	115,100.00	11,510.00	
71	Lopes Avi	174,000.00	17,400.00	
72	Andrew Yanda	30,654.00	3,065.40	
73	Lina Kolao	165,000.00	16,500.00	
74	Jenny Lopes	125,000.00	12,500.00	
75	Philemon George	123,792.00	12,379.20	
76	Supris Thomas	154,064.00	15,406.40	
77	John Tuli	53,980.00	5,398.00	
78	Tia Lapun	19,840.00	1,984.00	
79	Miso Aikya	110,000.00	11,000.00	
80	BapiMendai	103,650.00	10,365.00	
81	Jeffery Nathan	4,210.00	421.00	
82	Moses Kuringis	75,000.00	7,500.00	
83	Roslin Joseph	37,000.00	3,700.00	
84	Rose George	29,000.00	2,900.00	
85	Thomas Kaipas	73,000.00	7,300.00	
86	Komal Tuli	35,000.00	3,500.00	
87	Julie Beroko	7,000.00	700.00	
88	Michael Simon	6,560.00	656.00	
89	MendokamJone	4,650.00	465.00	
90	Lucy Kekella	5,000.00	500.00	
91	Enos Kuringin	57,000.00	5,700.00	
92	Nelson Tuli	190,000.00	19,000.00	
93	Tuli Monden	15,000.00	1,500.00	
94	Joe Pisoro	113,000.00	11,300.00	
95	Luke Kero	52,500.00	5,250.00	
96	Paul Manga	16,380.00	1,638.00	
97	EpeYanjole	34,500.00	3,450.00	
98	Lus Akus	24,000.00	2,400.00	
99	David Yakali	105,000.00	10,500.00	
100	Anton Yaikepai	61,700.00	6,170.00	
	
Total	4,683,897.25	468,389.73	

(b) GENERAL DAMAGES FOR PAIN AND SUFFERING, DISTRESS ETC

14.     Mr Yai submitted that each plaintiff who has given evidence should be awarded K20,000.00 general damages. It is clear that it was a traumatic and disturbing experience for the plaintiffs. However, there is insufficient evidence and precedent available on which an award of K20,000.00 would be warranted. Mr Mileng has contended for a sum of K2,500.00 but that would be inadequate. I award each plaintiff who has given evidence the sum of K10,000.00. A total of K1 million. 

(c)	DAMAGES FOR TRESPASS

15.     I uphold Mr Mileng’s submission that nothing should be awarded as liability was not established for trespass. It was pleaded, but not proven. Nothing is awarded. 

(d)	COMPENSATION FOR BREACH OF HUMAN RIGHTS 

16.    It is appropriate to award a separate sum as compensation for breaches of human rights. I award K5,000.00 for each plaintiff, a total of K500,000.00. 

(e)	EXEMPLARY DAMAGES

17.     It is appropriate to award a separate sum as exemplary damages. I award K5,000.00 for each plaintiff, a total of K500,000.00.

SUMMARY 

18.     Each of the 100 plaintiffs who has given evidence is awarded the total of the following sums:

(a)	property losses: the amount shown for that plaintiff in table 1;
(b)	general damages for pain and suffering, distress etc: K10,000.00;
(c)	damages for trespass: zero;
(d)	compensation for breach of human rights: K5,000.00;
(e)	exemplary damages: K5,000.00.

The total award of damages to each plaintiff who has given evidence is shown in table 2. 

INTEREST 

19.      Mr Yai submitted that interest should be awarded on the total amount of damages awarded to each plaintiff under the Judicial Proceedings (Interest on Debts and Damages) Act 2015 at the rate of 8% per annum. He relies on the decision of Kandakasi DCJ in Jacinta Albert v Joseph Aine & The State (2019) N7772 to argue that despite the dictates of ss 2 and 4 of that Act, the Court is at liberty to award interest in proceedings against the State at a rate exceeding 2%. 

20.     Section 2 (application) states:

This Act applies to all Court Orders made against the State on or after 1 January 2014.

21.     Section 4 (pre-judgment interest on debts and damages) states:

(1) 	Subject to Section 5, in proceedings in a court for the recovery of a debt or damages, the court may order a rate as it thinks proper to be applied to the sum for which judgment is given interest, on the whole or part of the debt or damages for the whole or part of the period between the date on which the cause of action arose and the date of the judgment.

(2)	Where the proceedings referred to in Subsection (1), including proceedings arising out of a breach of express or implied contract or mercantile usage, are taken against the State, the rate of any interest under that subsection shall not exceed 2% yearly.

(3)	The maximum rate of interest in Subsection (2) applies notwithstanding that the proceedings against the State arose out of a breach of express or implied contract or mercantile usage and the relevant interest rate in the contract or mercantile usage is higher than 2%.

(4)	A judgment entered contrary to Subsections (2) and (3) is a nullity and is liable to be set aside and re-issued according to law by the same judge or judges on application —

(a)	by the lawyer for the State; or
(b)	by the registrar, clerk or other proper officer of the court by which the judgment is given; or
(c)	by any party to the proceedings.

22.     As I indicated in Alphonse Willie v Simon Kaupa (2016) N6553 I cannot read these provisions in any way other than capping the award of interest against the State at the rate of 2%. This restriction applies to all Court orders made on or after 1 January 2014, irrespective of the date on which the proceedings were commenced. It applies in this case, even though the cause of action accrued and the proceedings were commenced in 2010. 

23.      Kandakasi DCJ stated respectfully in Jacinta Albert v Joseph Aine (2019) N7772 that he was unable to agree with the approach I took in Willie, and I must return his Honour’s favour by respectfully disagreeing with the approach his Honour took in Albert. The issue is best settled by the Supreme Court in an appropriate case. But for now, I exercise the restricted discretion conferred by the 2015 Act by awarding interest at the rate of 2% per annum.

24.     As for the period in respect of which interest is calculated, I fix the start date as the date of filing the writ, 9 November 2010. The end date will be the date of delivery of this judgment, 17 July 2020. The period is 9.69years. Interest will be awarded by applying the formula D x I x N = A, where D is the amount of damages, I is the interest rate per annum, N is the period in years, A is the amount of interest. Interest has been calculated by multiplying each award of damages by a factor of 0.1938 (0.02 x 9.69) and is shown in table 2. 

TABLE 2: TOTAL AWARD OF DAMAGES + INTEREST 
		
No	Plaintiff’s name	Special damages: property losses
(K)	General damages for pain & suffering, distress etc
(K)	Comp
for breach of human rights
(K)	Exemplary damages
(K)	Total damages
(K)	Interest
(K)	Total damages + interest
(K)	
1	Roselyn Tuli	351.60	
10,000.00	5,000.00	5,000.00	20,351.60	3,944.14	24,295.74	
2	Ben 
Tuli	1,018.60	
10,000.00	5,000.00	5,000.00	21,018.60	4,073.40	25,092.00	
3	Margaret Tuli	2,418.00	
10,000.00	5,000.00	5,000.00	22,418.00	4,344.61	26,762.61	
4	Benson Tuli	13,290.00	
10,000.00	5,000.00	5,000.00	33,290.00	6,451.60	39,741.60	
5	Bukon Tuli	336.00	
10,000.00	5,000.00	5,000.00	20,336.00	3,941.12	24,277.12	
6	Melen Tuli	670.80	
10,000.00	5,000.00	5,000.00	20,670.80	4,006.00	24,676.80	
7	Edward Tuli	216.00	
10,000.00	5,000.00	5,000.00	20,216.00	3,917.86	24,133.86	
8	Sande Gasap	2,178.65	
10,000.00	5,000.00	5,000.00	22,178.65	4,298.22	26,476.87	
9	Peter Kupa	900.00	
10,000.00	5,000.00	5,000.00	20,900.00	4,050.42	24,950.42	
10	William Katra	301.80	
10,000.00	5,000.00	5,000.00	20,301.80	3,934.49	24,236.29	
11	Luke Lapra	6,728.30	
10,000.00	5,000.00	5,000.00	26,728.30	5,179.94	31,908.24	
12	James Nick	5,649.00	
10,000.00	5,000.00	5,000.00	25,649.00	4,970.78	30,619.78	
13	Jan Betanjo	18,071.78	
10,000.00	5,000.00	5,000.00	38,071.78	7,378.31	45,450.08	
14	Dick Tegen	8,340.00	
10,000.00	5,000.00	5,000.00	28,340.00	5,492.29	33,832.29	
15	Nathan Luna	1,243.00	
10,000.00	5,000.00	5,000.00	21,243.00	4,116.89	25,359.89	
16	Allen Papis	3,710.00	
10,000.00	5,000.00	5,000.00	23,710.00	4,595.00	28,305.00	
17	Richard Piyako	3,260.00	
10,000.00	5,000.00	5,000.00	23,260.00	4,507.79	27,767.79	
18	Jason Yapalin	2,200.00	
10,000.00	5,000.00	5,000.00	22,200.00	4,302.36	26,502.36	
19	PalousJacop	1,500.00	
10,000.00	5,000.00	5,000.00	21,500.00	4,166.70	25,666.70	
20	KessyLumbara	1,051.40	
10,000.00	5,000.00	5,000.00	21,051.40	4,079.76	25,131.16	
21	Joseph Jone	880.10	
10,000.00	5,000.00	5,000.00	20,880.10	4,046.56	24,926.66	
22	Jonny Jackson	5,650.00	
10,000.00	5,000.00	5,000.00	25,650.00	4,970.97	30,620.97	
23	Willie Peter	616.20	
10,000.00	5,000.00	5,000.00	20,616.20	3,995.42	24,611.62	
24	Muli 
Kor	883.20	
10,000.00	5,000.00	5,000.00	20,883.20	4,047.16	24,930.36	
25	Dick Kapi	4,258.90	
10,000.00	5,000.00	5,000.00	24,258.90	4,701.37	28,960.27	
26	Sr Mamai Tare	9,760.00	
10,000.00	5,000.00	5,000.00	29,760.00	5,767.49	35,527.49	
27	Kewa Mark	3,159.60	
10,000.00	5,000.00	5,000.00	23,159.60	4,488.33	27,647.93	
28	Serah Mark	7,950.00	
10,000.00	5,000.00	5,000.00	27,950.00	5,416.71	33,366.71	
29	Thomas Maino	1,250.00	
10,000.00	5,000.00	5,000.00	21,250.00	4,118.25	25,368.25	
30	Sakaraim Betanjo	4,595.00	
10,000.00	5,000.00	5,000.00	24,595.00	4,766.51	29,361.51	
31	Kandes Nichodimus	292.00	

10,000.00	5,000.00	5,000.00	20,292.00	3,932.59	24,224.59	
32	Kalu Lyambi	1,351.30	
10,000.00	5,000.00	5,000.00	21,351.30	4,137.88	25,489.18	
33	Enop Janet	161.00	
10,000.00	5,000.00	5,000.00	20,161.00	3,907.20	24,068.20	
34	Andrew Adik	114.00	
10,000.00	5,000.00	5,000.00	20,114.00	3,898.09	24,012.09	
35	Sande Waro	2,701.00	
10,000.00	5,000.00	5,000.00	22,701.00	4,399.45	27,100.45	
36	Anna Was	295.50	
10,000.00	5,000.00	5,000.00	20,295.50	3,933.27	24,228.77	
37	YowanYakop	2,423.60	
10,000.00	5,000.00	5,000.00	22,423.60	4,345.69	26,769.29	
38	Mision Kandata	480.00	
10,000.00	5,000.00	5,000.00	20,480.00	3,969.02	24,449.02	
39	Mathew Yopond	910.00	
10,000.00	5,000.00	5,000.00	20,910.00	4,052.36	24,962.36	
40	Rex Nengi	380.40	
10,000.00	5,000.00	5,000.00	20,380.40	3,949.72	24,330.12	
41	Jerekon Jim	1,141.00	
10,000.00	5,000.00	5,000.00	21,141.00	4,097.13	25,238.13	
42	Thomas Pako	322.90	
10,000.00	5,000.00	5,000.00	20,322.90	3,938.58	24,261.48	
43	Bobby Tony	153.60	
10,000.00	5,000.00	5,000.00	20,153.60	3,905.77	24,059.37	
44	PalipeOmoko	371.40	
10,000.00	5,000.00	5,000.00	20,371.40	3,947.98	24,319.38	
45	Betanjo Kipan	10,590.00	
10,000.00	5,000.00	5,000.00	30,590.00	5,928.34	36,518.34	
46	Lasak Evara	7,353.80	
10,000.00	5,000.00	5,000.00	27,353.80	5,301.17	32,654.97	
47	Nick Betanjo	49,765.00	
10,000.00	5,000.00	5,000.00	69,765.00	13,520.46	83,285.46	
48	KazarinaKaza	671.00	
10,000.00	5,000.00	5,000.00	20,671.00	4,006.04	24,677.04	
49	Kande& Mision Maringi	135.00	

10,000.00	5,000.00	5,000.00	20,135.00	3,902.16	24,037.16	
50	Arosa Moses	1,702.00	
10,000.00	5,000.00	5,000.00	21,702.00	4,205.85	25,907.85	
51	KupaponYowan	556.50	
10,000.00	5,000.00	5,000.00	20,556.50	3,983.85	24,540.35	
52	Rex Kaimalo Mango	1,521.60	

10,000.00	5,000.00	5,000.00	21,521.60	4,170.89	25,692.49	
53	Kindi Nawen	568.90	
10,000.00	5,000.00	5,000.00	20,568.90	3,986.25	24,555.15	
54	Tera Kalak	1,507.00	
10,000.00	5,000.00	5,000.00	21,507.00	4,168.06	25,675.06	
55	Daniel Ikis	5,500.00	
10,000.00	5,000.00	5,000.00	25,500.00	4,941.90	30,441.90	
56	Timothy Warip	665.00	
10,000.00	5,000.00	5,000.00	20,665.00	4,004.88	24,669.88	
57	Kalak Some	449.90	
10,000.00	5,000.00	5,000.00	20,449.90	3,963.19	24,413.09	
58	Lawrence Kiso	1,797.00	
10,000.00	5,000.00	5,000.00	21,797.00	4,224.26	26,021.26	
59	Leo Yopond	135.90	
10,000.00	5,000.00	5,000.00	20,135.90	3,902.34	24,038.24	
60	Simon Laima	1,287.20	
10,000.00	5,000.00	5,000.00	21,287.20	4,125.46	25,412.66	
61	Lusa Franklyn	1,020.00	
10,000.00	5,000.00	5,000.00	21,020.00	4,073.68	25,093.68	
62	Alex Kaipas	275.40	
10,000.00	5,000.00	5,000.00	20,275.40	3,929.37	24,204.77	
63	Mathias Tera	4,089.00	
10,000.00	5,000.00	5,000.00	24,089.00	4,668.45	28,757.45	
64	James Puspai	3,676.50	
10,000.00	5,000.00	5,000.00	23,676.50	4,588.51	28,265.01	
65	Jolly Tapus	1,404.00	
10,000.00	5,000.00	5,000.00	21,404.00	4,148.10	25,552.10	
66	Hosea Tuli	298.40	
10,000.00	5,000.00	5,000.00	20,298.40	3,933.83	24,232.23	
67	Cathy Korakan	16,227.00	
10,000.00	5,000.00	5,000.00	36,227.00	7,020.79	43,247.79	
68	Martin Tasem	10,600.00	
10,000.00	5,000.00	5,000.00	30,600.00	5,930.28	36,530.28	
69	Laxsy Robin	11,000.00	
10,000.00	5,000.00	5,000.00	31,000.00	6,007.80	37,007.80	
70	Geewan Lopes	11,510.00	
10,000.00	5,000.00	5,000.00	31,510.00	6,106.64	37,616.64	
71	Lopes Avi	17,400.00	
10,000.00	5,000.00	5,000.00	37,400.00	7,248.12	44,648.12	
72	Andrew Yanda	3,065.40	
10,000.00	5,000.00	5,000.00	23,065.40	4,470.07	27,535.47	
73	Lina Kolao	16,500.00	
10,000.00	5,000.00	5,000.00	36,500.00	7,073.70	43,573.70	
74	Jenny Lopes	12,500.00	
10,000.00	5,000.00	5,000.00	32,500.00	6,298.50	38,798.50	
75	Philemon George	12,379.20	
10,000.00	5,000.00	5,000.00	32,379.20	6,275.09	38,654.29	
76	Supris Thomas	15,406.40	
10,000.00	5,000.00	5,000.00	35,406.40	6,861.76	42,268.16	
77	John 
Tuli	5,398.00	
10,000.00	5,000.00	5,000.00	25,398.00	4,922.13	30,320.13	
78	Tia Lapun	1,984.00	
10,000.00	5,000.00	5,000.00	21,984.00	4,260.50	26,244.50	
79	Miso Aikya	11,000.00	
10,000.00	5,000.00	5,000.00	31,000.00	6,007.80	37,007.80	
80	BapiMendai	10,365.00	
10,000.00	5,000.00	5,000.00	30,365.00	5,884.74	36,249.74	
81	Jeffery Nathan	421.00	
10,000.00	5,000.00	5,000.00	20,421.00	3,957.59	24,378.59	
82	Moses Kuringis	7,500.00	
10,000.00	5,000.00	5,000.00	27,500.00	5,329.50	32,829.50	
83	Roslin Joseph	3,700.00	
10,000.00	5,000.00	5,000.00	23,700.00	4,593.06	28,293.06	
84	Rose George	2,900.00	
10,000.00	5,000.00	5,000.00	22,900.00	4,438.02	27,338.02	
85	Thomas Kaipas	7,300.00	
10,000.00	5,000.00	5,000.00	27,300.00	5,290.74	32,590.74	
86	Komal Tuli	3,500.00	
10,000.00	5,000.00	5,000.00	23,500.00	4,554.30	28,054.30	
87	Julie Beroko	700.00	
10,000.00	5,000.00	5,000.00	20,700.00	4,011.66	24,711.66	
88	Michael Simon	656.00	
10,000.00	5,000.00	5,000.00	20,656.00	4,003.13	24,659.13	
89	MendokamJone	465.00	
10,000.00	5,000.00	5,000.00	20,465.00	3,966.12	24,431.12	
90	Lucy Kekella	500.00	
10,000.00	5,000.00	5,000.00	20,500.00	3,972.90	24,472.90	
91	Enos Kuringin	5,700.00	
10,000.00	5,000.00	5,000.00	25,700.00	4,980.66	30,680.66	
92	Nelson Tuli	19,000.00	
10,000.00	5,000.00	5,000.00	39,000.00	7,558.20	46,558.20	
93	Tuli Monden	1,500.00	
10,000.00	5,000.00	5,000.00	21,500.00	4,166.70	25,666.70	
94	Joe Pisoro	11,300.00	
10,000.00	5,000.00	5,000.00	31,300.00	6,065.94	37,365.94	
95	Luke Kero	5,250.00	
10,000.00	5,000.00	5,000.00	25,250.00	4,893.45	30,143.45	
96	Paul Manga	1,638.00	
10,000.00	5,000.00	5,000.00	21,638.00	4,193.44	25,831.44	
97	EpeYanjole	3,450.00	
10,000.00	5,000.00	5,000.00	23,450.00	4,544.61	27,994.61	
98	Lus 
Akus	2,400.00	
10,000.00	5,000.00	5,000.00	22,400.00	4,341.12	26,741.12	
99	David Yakali	10,500.00	
10,000.00	5,000.00	5,000.00	30,500.00	5,910.90	36,410.90	
100	Anton Yaikepai	6,170.00	
10,000.00	5,000.00	5,000.00	26,170.00	5,071.75	31,241.75	
	Total	468,389.73	
1,000,000.00	500,000.00	500,000.00	2,468,389.73	478,373.93	2,946,763.65	

COSTS

25.     The general rule is that costs follow the event, ie the successful party has its costs paid for by the losing party on a party-to-party basis. The question of costs is a discretionary matter. I will award the plaintiffs only half of their costs as I have found their claims to be exaggerated. 

ORDER 

1.	Damages are payable by the first and third defendants to each plaintiff whose name appears in the Schedule, in the amount shown for each plaintiff.

2.	In addition, interest is payable by the first and third defendants to each plaintiff whose name appears in the Schedule, in the amount shown for each plaintiff.

3.	The case of any plaintiff whose name does not appear in the Schedule is dismissed. 

4.	Subject to any particular costs order to the contrary, the first and third defendants shall pay half of the costs of the entire proceedings of the plaintiffs whose names appear in the Schedule, on a party-party basis, to be taxed if not agreed.

5.	The proceedings are thereby determined and the file is closed.

SCHEDULE

No	Plaintiff’s name	Total damages (K)	Interest (K)	Total damages + interest (K)	
1	Roselyn Tuli	20,351.60	3,944.14	24,295.74	
2	Ben Tuli	21,018.60	4,073.40	25,092.00	
3	Margaret Tuli	22,418.00	4,344.61	26,762.61	
4	Benson Tuli	33,290.00	6,451.60	39,741.60	
5	Bukon Tuli	20,336.00	3,941.12	24,277.12	
6	Melen Tuli	20,670.80	4,006.00	24,676.80	
7	Edward Tuli	20,216.00	3,917.86	24,133.86	
8	Sande Gasap	22,178.65	4,298.22	26,476.87	
9	Peter Kupa	20,900.00	4,050.42	24,950.42	
10	William Katra	20,301.80	3,934.49	24,236.29	
11	Luke Lapra	26,728.30	5,179.94	31,908.24	
12	James Nick	25,649.00	4,970.78	30,619.78	
13	Jan Betanjo	38,071.78	7,378.31	45,450.08	
14	Dick Tegen	28,340.00	5,492.29	33,832.29	
15	Nathan Luna	21,243.00	4,116.89	25,359.89	
16	Allen Papis	23,710.00	4,595.00	28,305.00	
17	Richard Piyako	23,260.00	4,507.79	27,767.79	
18	Jason Yapalin	22,200.00	4,302.36	26,502.36	
19	PalousJacop	21,500.00	4,166.70	25,666.70	
20	KessyLumbara	21,051.40	4,079.76	25,131.16	
21	Joseph Jone	20,880.10	4,046.56	24,926.66	
22	Jonny Jackson	25,650.00	4,970.97	30,620.97	
23	Willie Peter	20,616.20	3,995.42	24,611.62	
24	Muli Kor	20,883.20	4,047.16	24,930.36	
25	Dick Kapi	24,258.90	4,701.37	28,960.27	
26	Sr Mamai Tare	29,760.00	5,767.49	35,527.49	
27	Kewa Mark	23,159.60	4,488.33	27,647.93	
28	Serah Mark	27,950.00	5,416.71	33,366.71	
29	Thomas Maino	21,250.00	4,118.25	25,368.25	
30	Sakaraim Betanjo	24,595.00	4,766.51	29,361.51	
31	KandesNichodimus	20,292.00	3,932.59	24,224.59	
32	Kalu Lyambi	21,351.30	4,137.88	25,489.18	
33	Enop Janet	20,161.00	3,907.20	24,068.20	
34	Andrew Adik	20,114.00	3,898.09	24,012.09	
35	Sande Waro	22,701.00	4,399.45	27,100.45	
36	Anna Was	20,295.50	3,933.27	24,228.77	
37	YowanYakop	22,423.60	4,345.69	26,769.29	
38	Mision Kandata	20,480.00	3,969.02	24,449.02	
39	Mathew Yopond	20,910.00	4,052.36	24,962.36	
40	Rex Nengi	20,380.40	3,949.72	24,330.12	
41	Jerekon Jim	21,141.00	4,097.13	25,238.13	
42	Thomas Pako	20,322.90	3,938.58	24,261.48	
43	Bobby Tony	20,153.60	3,905.77	24,059.37	
44	PalipeOmoko	20,371.40	3,947.98	24,319.38	
45	Betanjo Kipan	30,590.00	5,928.34	36,518.34	
46	Lasak Evara	27,353.80	5,301.17	32,654.97	
47	Nick Betanjo	69,765.00	13,520.46	83,285.46	
48	KazarinaKaza	20,671.00	4,006.04	24,677.04	
49	Kande& Mision Maringi	20,135.00	3,902.16	24,037.16	
50	Arosa Moses	21,702.00	4,205.85	25,907.85	
51	KupaponYowan	20,556.50	3,983.85	24,540.35	
52	Rex Kaimalo Mango	21,521.60	4,170.89	25,692.49	
53	Kindi Nawen	20,568.90	3,986.25	24,555.15	
54	Tera Kalak	21,507.00	4,168.06	25,675.06	
55	Daniel Ikis	25,500.00	4,941.90	30,441.90	
56	Timothy Warip	20,665.00	4,004.88	24,669.88	
57	Kalak Some	20,449.90	3,963.19	24,413.09	
58	Lawrence Kiso	21,797.00	4,224.26	26,021.26	
59	Leo Yopond	20,135.90	3,902.34	24,038.24	
60	Simon Laima	21,287.20	4,125.46	25,412.66	
61	Lusa Franklyn	21,020.00	4,073.68	25,093.68	
62	Alex Kaipas	20,275.40	3,929.37	24,204.77	
63	Mathias Tera	24,089.00	4,668.45	28,757.45	
64	James Puspai	23,676.50	4,588.51	28,265.01	
65	Jolly Tapus	21,404.00	4,148.10	25,552.10	
66	Hosea Tuli	20,298.40	3,933.83	24,232.23	
67	Cathy Korakan	36,227.00	7,020.79	43,247.79	
68	Martin Tasem	30,600.00	5,930.28	36,530.28	
69	Laxsy Robin	31,000.00	6,007.80	37,007.80	
70	Geewan Lopes	31,510.00	6,106.64	37,616.64	
71	Lopes Avi	37,400.00	7,248.12	44,648.12	
72	Andrew Yanda	23,065.40	4,470.07	27,535.47	
73	Lina Kolao	36,500.00	7,073.70	43,573.70	
74	Jenny Lopes	32,500.00	6,298.50	38,798.50	
75	Philemon George	32,379.20	6,275.09	38,654.29	
76	Supris Thomas	35,406.40	6,861.76	42,268.16	
77	John Tuli	25,398.00	4,922.13	30,320.13	
78	Tia Lapun	21,984.00	4,260.50	26,244.50	
79	Miso Aikya	31,000.00	6,007.80	37,007.80	
80	BapiMendai	30,365.00	5,884.74	36,249.74	
81	Jeffery Nathan	20,421.00	3,957.59	24,378.59	
82	Moses Kuringis	27,500.00	5,329.50	32,829.50	
83	Roslin Joseph	23,700.00	4,593.06	28,293.06	
84	Rose George	22,900.00	4,438.02	27,338.02	
85	Thomas Kaipas	27,300.00	5,290.74	32,590.74	
86	Komal Tuli	23,500.00	4,554.30	28,054.30	
87	Julie Beroko	20,700.00	4,011.66	24,711.66	
88	Michael Simon	20,656.00	4,003.13	24,659.13	
89	MendokamJone	20,465.00	3,966.12	24,431.12	
90	Lucy Kekella	20,500.00	3,972.90	24,472.90	
91	Enos Kuringin	25,700.00	4,980.66	30,680.66	
92	Nelson Tuli	39,000.00	7,558.20	46,558.20	
93	Tuli Monden	21,500.00	4,166.70	25,666.70	
94	Joe Pisoro	31,300.00	6,065.94	37,365.94	
95	Luke Kero	25,250.00	4,893.45	30,143.45	
96	Paul Manga	21,638.00	4,193.44	25,831.44	
97	EpeYanjole	23,450.00	4,544.61	27,994.61	
98	Lus Akus	22,400.00	4,341.12	26,741.12	
99	David Yakali	30,500.00	5,910.90	36,410.90	
100	Anton Yaikepai	26,170.00	5,071.75	31,241.75	
	
Total	2,468,389.73	478,373.93	2,946,763.65	

Judgment accordingly.
_________________________________________________________________
Bristle Lawyers:  Lawyers for the Plaintiffs	
Solicitor-General: Lawyer for the Defendants