PNG Law Review
@LawPngWe write weekly articles on legal points and current legal issues in Papua New Guinea. https://t.co/UX2zUfjTCS
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We are glad to announce that our website is officially live today. Visit pnglawreview.com to read articles on laws in Papua New Guinea.
A statutory breach is a tort. It is a gives rise to a private right of action. If this claim is proven, the plaintiff will be entitled to damages. pnglawreview.com/statutory-brea…
Simply put, an adjournment is when a matter in Court is set for hearing but either of the parties seeks to move the hearing to a new date. pnglawreview.com/adjournment/
A quia timet injunction is an injunction that the Court grants to stop an act or event from happening in future. pnglawreview.com/quia-timet-inj…
A summary judgement is a judgement that is entered by the Court when a plaintiff proves to the Court that the defendant does not have any defence to the plaintiff’s claim or part of his claim. pnglawreview.com/summary-judgem…
A deponent is a person who gives a statement under oath. This statement may be used as evidence in Court. This statement is known as an affidavit. An affidavit should be in Form 50. pnglawreview.com/form-of-an-aff…
An affidavit is a written statement of facts given by a person who swears an oath that the statement is true. This statement is then used as evidence in Court. pnglawreview.com/affidavit/
“According to Section 16 of the Companies Act 1997 a company is a separate legal entity from its shareholder and has the capacity to sue and be sued." The Court in Kuli v Tande [2021] PGSC 17; SC2099 pnglawreview.com/separate-legal…
Unjust enrichment arises in a situation where A is benefiting at the expense of B in a circumstance where the Court sees as unjust. pnglawreview.com/unjust-enrichm…
"The judgement resolves all questions of liability in respect of the matters pleaded in the statement of claim." pnglawreview.com/effect-of-defa…
Are you a party to a Court proceeding? Did one of the parties file a motion & that motion is yet to be moved? What can happen to a motion that has not been moved for a long time? Find out here. pnglawreview.com/stale-motion/
Are you a defendant in a case? Is the plaintiff taking ages to prosecute the matter in Court or taking no action at all? You can alway have the matter dismissed on grounds of want of prosecution. Read more here. pnglawreview.com/want-of-prosec…
You are guilty of a crime if you intentionally use an electronic system or device to befriend, invite, induce, persuade, or in any way procure, or offer to engage a child in, all or any of, the following acts: ... pnglawreview.com/child-online-g…
"The person who has been wronged has a duty to mitigate their losses:" (Dia Kopio v Employment Authority of Enga and Others (1999) N1865 pnglawreview.com/legal-principl…
Remember this when your car is involved in a collision. “The plaintiff’s duty to mitigate his loss requires him to take appropriate steps to get the repairs done efficiently and without unreasonable delay: Abel Kopen v The State (1988-89) PNGLR 659
The owners of PMV business & trade stores operated by simple PNGeans are required to keep records of their business including appropriate tax returns & produce them in evidence to support a claim for loss of income or profit from such operations: Mappa v PNGEC (1995) PNGLR 170.
Proof of a defendant’s conviction of a traffic offence in earlier criminal proceedings does not relieve a plaintiff in subsequent civil proceedings of the onus of proving that the defendant drove negligently: Kupil v The State (1983) PNGLR 350, Jimmy v Rookes (2012) N4705.
“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.” Justice Cannings in Suan v Dumba [2013] PGNC 211; N5428
Planning to relax and rest over the #Easter Public Holiday. Check out the legal basis of this public holiday & all the other public holidays in #PNG. pnglawreview.com/public-holiday…
Given the recent battle between Hon. Kramer & Professor Siba, we're taken the liberty of setting out the functions of the #PNGIMR in this article. pnglawreview.com/functions-of-t…
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