Yamang v Keru [2010] PGDC 72; DC4064 (15 December 2010)

DC4064

PAPUA NEW GUINEA

[IN THE DISTRICT COURT OF JUSTICE

SITTING IN ITS FAMILY COURT JURISDICTION]

FC 394 of 2001
BETWEEN

Susan Yamang
Complainant

AND

Joe Sine Keru
Defendant

Kundiawa: SLavutul

2010: 15^th, 19^th November, 01^st, 13^th December
      

CIVIL- Child Maintenance – Failure To Comply With Lawful Court Order- Application For Imprisonment – Arrears Incurred- Offer To Settle By Monthly Instalments.

Cases Cited
Nil

References
Maintenance Enforcement Act.

Counsel

Complainant on Behalf Of herself.

Defendant/Respondent Non Appearance

DECISION

15^th December 2010

SLavutul, SM; This is an Application by the Complainant in order for the court to make orders for imprisonment of the Defendant for his failure to comply with a lawful court order dated 06^th of June 2005. The Defendant has accrued a total sum of K9, 780 in arrears for the periods from the 26^th of February 2009 to 07^th of October 2010.

2. A copy of the application was served on the Defendant who is employed and resides in Western Australia. Upon receipt of the copy of the application the Defendant responded through a letter dated the Thursday 28^th of October 2010 through one Kristy Martin, HR Officer of Paddington Gold Pty Ltd, Kalgoorlie, Western Australia.

3. HR Officer Kristy Martin stated clearly and precisely in her letter and I quote “We have spoken to Mr. Joe Sine Keru in regards to a fax sent by your client, Ms Susan Yamang on the 22^nd of October 2010. Mr. Sine is keen to start to make regular payments of 250 Australian Dollars per month to Ms. Yamang to support their daughter”.

4. Thus the nature and the content of the reply by Kristy Martin, HR Officer on behalf of Mr. Joe Sine Keru demonstrate that the Defendant has admitted to having failed to comply with the orders.

5. At this juncture the court on the 15^th day of November 2010 did direct the Complainant/Applicant Susan Yamang to open a Trust Account on behalf of her daughter with the Kundiawa Branch of the Bank South Pacific.

6. The Complainant faithfully complied with the court’s direction to open a Trust Account on behalf of her daughter Anna Yamang on the 16^th of November 2010.

7. A copy of the Deposit Butt was personally tendered to the court by the Complainant bearing the names “Susan Yamang, T/F Anna Yamang, Account No. 100-2487104 held at the Kundiawa Branch of the Bank South Pacific, Simbu Province, Papua New Guinea.”

8. The Defendant pledges to pay a sum of Two (2) Hundred and Fifty Australian Dollars which is equivalent to K750.00 in order to offset his arrears and cover for total sum of K190. 00 per fortnight.

9. The court understands based on the current exchange rate Two (2) Hundred and Fifty Australian Dollars is equivalent to Seven (7) Hundred and Fifty (50) PNG Kina.

10. In view of the K750, if paid per fortnightly; K380.00 would cover for fortnightly maintenance over each month. The remainder of K370.00 would go towards offsetting the defendant’s arrears of K9, 780.00.

11. I estimate it would take about 27 months for the Defendant to completely pay off his arrears.

12. I now make the following orders;

(a). That the Defendant pays into the Trust Account held at the Kundiawa Branch of the Bank South Pacific, Simbu Province, Papua New Guinea under the name;

“Ms. Susan Yamang, T/F Anna Yamang, Account No. 100 2487104 the sum of Two (2) Hundred and Fifty (50) Australian Dollars equivalent to K750.00 each month.

(b). The Defendant is to commence payment forthwith upon receipt of a copy of this order.

(c). This order shall remain in force until and unless the arrears of K9, 780 is fully paid.

....................................

Complainant Appeared In Person

Defendant Did Not Appear.