Joka Investment Limited v Worimo [2005] PGDC 53; DC250 (11 March 2005)

DC250

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 2618 OF 2004

BETWEEN

Joka Investment Limited
Complainant

V

Jenny Worimo
Defendant

Port Moresby: Bidar, Pm
2005: 11th March.

District Court - Claim for liquidated sum - Payment of goods by cheque - Cheque bounced on presentation to the bank due to stop payment initiated by defendant.

District Court - Practice and procedure - Entry of Ex-parte Order - No notice of intention to defend or defence - Principles.

DECISION

11th March, 2005.

BIDAR PM: Complainant, Joka Investment filed summons upon complaint against the defendant on 21st June 2004 claiming a liquidated sum of K10,000.00.

On the 9th July 1999, defendant went to Joka Investment, P.O. Box 5910, Boroko with a POSF Cheque made in her name and requested to cash her cheque for the sum of K10,000.00. The defendant was employed as a teacher, with Papua New Guinea Teaching Commission.

Complainant agreed to cash her cheque on the condition that she did some shopping there. The defendant did her shopping and the balance was given to her in cash. The cheque was a "not negotiable credit payees account only" cheque. The complainant subsequently deposited the cheque into its ANZ Boroko Account, but bounced due to stop payment advice. This effectively meant that, the defendant obtained goods and cash from the complainant for nothing at all. It was a debt owing to the complainant.

Firstly, no notice of intention to defend and defence filed, the Court entered Ex-pare Order against the defendant in the sum of K10,000.00.

The practice to set aside Ex-parte Order is prescribed by s.25 of the District Court Act, but the defendant has opted to lodge an appeal, which in my view is not the appropriate practice.

Rules accordingly.