Seafood firm’s K1.5mil needed NEC approval

NATIONAL Court judge Nicholas Miviri has rejected an application by South Pacific PNG Seafoods Co Ltd seeking to compel Solicitor-General Tauvasa Tanuvasa to endorse a certificate of judgment pertaining to a settlement of K1.5 million.
Justice Miviri found that there was no defiance of the court order by Tanuvasa because the National Executive Council (NEC) in its decision number 150/2003 headed by the Claims By and Against the State Act (CBASA) instructed Tanuvasa to endorse the certificate of judgment under s.13(2) of CBASA, in form 1.
Under this section, there were no limitations or that endorsement was subject to limitations imposed by law.
It simply says, he (Tanuvasa) shall endorse a certificate of judgment served upon him, and which upon receipt by the departmental head responsible for finance matters, shall within a reasonable time be satisfied out of moneys legally available for the same. Practically it means moneys if available in court order vote will be paid to settle the judgment debt.
The company was awarded a judgment sum of K1,501, 970. 13 on April 6, 2018.
On May 3, the registrar of the National Court issued a certificate of judgment to solicitor-general for endorsement.
However, despite the request for endorsement solicitor-general (Tanuvasa) did not accede.
Tanuvasa contended that because court settlement exceeded K1 million it needed NEC approval.
“It makes perfect sense to heed the NEC decision number 150/2003 which solicitor-general has undertaken set out by this affidavit,” Justice Miviri said.
The matter will return to court on March 15 for further directions of orders to expedite the matter.