Police get more time to prepare case against liquor retailer

By GIDEON KINDIWA
THE Supreme Court has refused an application by a liquor retailer in Port Moresby to appeal a decision, giving time to some police officers to file their case.
Rex Manga Wapalin Holdings ltd is a licensed retailer.
It was alleged that the National Capital District Commission issued a liquor restriction for Easter last year.
On April 1, a group of police officers raided the retailer’s premises and liquor shop at 5-Mile, White House, and confiscated all its liquor stock and cash and damaged the shops and other properties.
Wapalin Holdings sued the officers seeking damages for trespass to land, belongings, negligence and cost of repairs.
The officers, though the Solicitor-General, filed a notice to defend but failed to file their defence and the Waigani National Court allowed them more time, refusing to give default judgement.
Wapalin Holdings applied to seek leave to appeal the interlocutory (temporary) decision as it believed that it was not within the discretion of the court and was unreasonable.
Wapalin Holdings argued that the officers had failed to file their defence and so the court should have handed down a default judgement instead of giving them time.
However, Justice Derek Hartshorn ruled that the decision was only made to allow time for the filing of a defence and it was not a final ruling and the rights of both parties remained the same.
He said Wapalin Holdings was still able to continue with its National Court proceedings against the officers and would be entitled to costs and damages if it succeeded.
He said the officers “are the State or representatives of the State and so the ability to recover any such costs and interest in time is not an issue.
Justice Hartshorn said there had not been any injustice done to Wapalin Holdings and the trial process should not be interrupted by an appeal.
He refused the application and ordered costs to be paid by Wapalin Holdings.