Boma Lawyers

The Plaintiff, Bani Investment Limited, is a local company, specialising in construction works such as building roads and bridges. The Defendants are Honourable Powes Parkop, the Governor for National Capital District Commission(NCDC) of Papua New Guinea(PNG) and PNG. Plaintiff claimed breach of two distinct roadworks contract by Governor Parkop and NCDC.  The First alleged contract was for the Bomana roadworks outside Port Moresby which was worth K10 million.  Pleadings have closed and the matter went to full trial. The second contract was for the crystal Rapids Roadworks project also outside Port Moresby. For both contracts, the court found that the public tender requirements under the Public Finance Management Act have not been complied with and therefore null and void from the start. The court also found that some work has been carried out under the Crytal Rapids contract, even though the contract has been null and void. For that, the court held that Plaintiff would be paid to the extent and value of the work done.  However, the court also found that Plaintiff had been already paid for the work done. Finally, the court dismissed the claims under both contracts with parties to pay their own costs. The court also ordered that a sum of K21,469.20, being the amount of withholding tax by NCDC be accounted to Plaintiff.