Baycliff Marine Trading Pty Ltd v Papua New Guinea Department of Defence, Deputy Secretary of [1999] QSC 263

. \ ) 370&to. State Reporting SCCiJ9/:<.63 -rr' I ~ Bureau TRANSCRIPT OF PROCEEDINGS Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau . SUPREME COURT OF QUEENSLAND CIVU.L JURISDICTION JONES J Writ No 177 of 1998 BAYCLIFF MARINE TRADING PTY LTD and THE DEPUTY SECRETARY PAPUA NEW GUINEA DEPARTMENT OF DEFENCE and THE INDEPENDENT STATE OF PAPUA NEW GUINEA and F G AIKUNG OBE CAIRNS .. DATE 21/07/99 JUDGMENT 1 Plaintiff First Defendant Second Defendant Third Defendant "~I'III"r, Till' I.aw Courts, Ct'ol'ge Stred, Brishalll', Q. 4f)OO Tl'kphOIll': (07) JZ.t7 4J(10 Fax: (07) JZ.t7 SSJZ -- 1 of 2 -- 210799 D.1 T1/LET M/T CNS611/98 (Jones J) HIS HONOUR: In the matter of Baycliff Marine Trading Pty Ltd, counsel on behalf of the plaintiff and second defendant have indicated that there is no point in further proceeding against the first defendant and the appropriate course, it has been agreed upon, is that the plaintiff's action against the first defendant should be struck out. In the material brief read to me it is clear that the Judgment entered against the second defendant has been irregularly entered. It is not necessary in the circumstances and in relation to the discussions which have been had between myself and between counsel to detail the various points of irregularity. It is necessary in the circumstances, that the Judgment entered on 11 May 1999 be set aside and it will follow from that that I order the plaintiff to pay the costs of the second defendant of and incidental to this application to set the Judgment aside. I give leave to the plaintiff to re-deliver a statement of claim within 14 days from today's date. The plaintiff is ordered also to pay the costs of and incidental to the first defendant's appearance today. 2 JUDGMENT 10 30 40 50 60 ! / -- 2 of 2 --