Paraka application rejected, default judgement against him

A COURT has rejected an application by lawyer Paul Paraka seeking time extension to file defence and granted default judgment to be assessed in favour of plaintiff, Nambawan Super Ltd (NSL).
Justice Thomas Anis in the National Court yesterday awarded judgment in favour of the NSL and ordered that Paraka, the defendant, pay its costs for the applications.
The cost may be taxed if not agreed, and that time for entry of these orders be abridged to the date of settlement by the registrar.
“The defendant concedes that he was out of time to file his defence within the required time,” Justice Anis said.
“I have considered submissions and evidence filed by the parties and I am satisfied that the defendant has defaulted in filing his defence.
“For these reasons, I will refuse the defendant’s application for extension of time to file his defence out of time and I will enter default judgment in favour of the plaintiff with damages to be assessed.”
Paraka appeared against NSL represented by counsel Derek Wood, of Ashurst PNG Lawyers.
NSL had started proceedings on Dec 22, 2016, seeking damages for breach of contracts in relation to a lease agreement signed on Sept 10, 2013 and a deed of settlement and indemnity signed on March 23, 2016 between Paraka over a building NSL owned.
Paraka occupied three levels of the building before 2017 and had defaulted in paying his rents as at April 2016 to the time when the lease was determined.
He had breached the terms of the deed where he was obliged to pay NSL K373,423.11 by March 2016.
NSL claims a liquidated sum of K2,626,425.50 in damages, interests and costs.