Security firm’s appeal rejected

THE Supreme Court has dismissed an appeal against a court decision which ruled in favour of respondent Niusky Pacific Ltd, formerly known as PNG Air Services Ltd.
The appeal was filed by applicant Pioneer Security Services Ltd after its claims of damages against the respondent was dismissed by the National Court.
Justice Derek Hartshorn sitting as a single judge on Monday, dismissed the appeal on the grounds that the applicant failed to show an arguable or prime facie case on the proposed ground of appeal.
He found that even if an arguable case had been raised, the primary judge’s inferences that the applicant could not succeed in the claim was a question of law or mixed fact and law.
It was because the proposed grounds were contradictory and questioned the inference of the primary judge and not the non-finding of fact.
The applicant alleged that the respondent breached an agreement it entered into them in November 2009 when the respondent unlawfully terminated the agreement on May 2010.
It then claimed damages for unlawful termination of the agreement and the non-payment of invoices and other charges for services rendered.
However, the claim of damages was refused and the proceeding was dismissed. The applicant submitted that the respondent claimed that it had paid for services rendered but did not provide any evidence of the payments.
Justice Hartshorn found that from the judgment of primary judge, it was clear that the judge proceeded on the basis that all of the seven invoices were not paid.