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PNG Power Ltd v Taulepa [2007] PGDC 173; DC791 (16 December 2007)

DC791

PAPUA NEW GUINEA
[DISTRICT COURT OF JUSTICE]

DCCi NO 1023 OF 2007

BETWEEN

PNG POWER LIMITED
COMPLAINANT

AND

JEFF TAULEPA
FIRST DEFENDANT

AND

RICHARD KAMURA
SECOND DEFENDANT

Port Moresby: C.BIDAR, PM

2007: 16 December

Counsel

P. Poriei for Respondent/Complainant
R. Tuva for Defendant/Applicant

RULING ON APPLICATION TO SET ASIDE

BIDAR: This is an application by the first defendant (Jeff Taulepa) seeking to set aside the order of this court dated 14 July 2007, wherein the court entered default judgment against the defendant on liability.

2. The claim is based on motor vehicle accident. PNG Power Limited claims that, on or about 19 May 2006 at 14 mile, Sogeri Road, the second defendant (Richard Kamura) drove a PMV truck owned by the first defendant and collided with the motor vehicle owned by the complainant and caused substantial damage. Complainant says that, the second defendant was negligent in his driving which caused the collision of the vehicles.

3. The vehicle driven by Richard Kamura is owned by the first defendant, and his family. The principles governing vicarious liability is clear, in order to find the principal liable, liability of the agent, servant or an employee should be proven to the required standard.

4. Having read affidavits and hearing submissions, first of all it appears that the second defendant had not been served the originating process and is not aware of the proceedings before the court. The court is of the view that, this is a case where default judgment on liability having been entered irregularly, and as a matter of course it should be set aside.

5. In all the circumstances, I grant the application.

Orders:

1. Default Judgment entered against the first defendant on liability on 14 July 2007 is set aside.
   
2. The matter of Complaint is re-instated
   
3. Costs be in the cause.
   

___________________________________________

P. Poriei for Complainant
R. Tuva for the defendants