The District Court has no writ of summons and no statement of claim. A civil case starts with a complaint, a short document that names the parties and states the subject matter, and a summons that brings the defendant to court.
The definition
“Complaint” means a complaint other than a complaint for an offence, and includes an application and notice of set-off.
“Order” means an order made on a complaint.
Two consequences flow from the definition. First, the word covers not only a claim for money but every non-criminal matter the Court deals with: an application for a family protection order, a maintenance application, a summary ejectment complaint, an application to set aside an ex parte order. Second, the Court’s decision on a complaint is an order, while its decision on an information is a conviction or a dismissal. The Act keeps the vocabulary separate throughout.
The form
Section 28 requires proceedings to be commenced by complaint, and Schedule 1 of the Regulation prescribes Form 15. The Magistrates’ Manual describes it accurately: the form provides for the complainant to state the subject matter of the claim, and no formal pleadings are required. Form 14, a “statement of causes of complaint in civil cases”, is a companion for setting out the claim in a little more detail. Under regulation 2(2) a similar form suffices, and under regulation 44 a departure from the form does not void the proceeding unless the Court directs.
For a debt claim the complaint is not quite enough on its own. Section 133(1) requires concise particulars of the complainant’s demand, with dates, items and prices or value, to be endorsed on or annexed to the summons, and deems them part of it. Under section 137 no evidence may be given of a demand not stated in the summons, so what is left out of the particulars is left out of the case unless amended. Section 134 allows a shorter prescribed form of particulars where the details have already been delivered to the defendant or entered in a pass-book. See how to start a civil claim.
One complaint, several matters
A complaint may be for one or more matters of complaint.
This is the opposite of the rule for informations, which section 29 confines to one matter. A complainant owed rent and also claiming for damage to the premises can put both in one complaint. Regulation 21 adds that a complaint may be made against two or more persons liable jointly, severally or in the alternative, and an order made against whichever of them the Court finds liable.
No dividing a demand
(1) A complainant shall not divide a cause of action for the purpose of making two or more complaints before a Court, but a complainant having a cause of action for more than the amount for which a complaint may be made may (a) abandon the excess by so stating in his particulars of demand; and (b) recover to an amount not exceeding the amount that the Court has jurisdiction to award.
(2) The order of the Court on the complaint is conclusive evidence of abandonment of the excess and is in full discharge of all demands in respect of the cause of action.
A K15,000 debt cannot become two K7,500 complaints. It can become one complaint for K10,000 with the balance abandoned for good, or a National Court claim for the whole. See the money limit.
The defendant’s copy
A person against whom a complaint has been made may receive a copy of the complaint free of charge from the Clerk who has custody of the complaint.
Section 42(2)(c) requires a summons on a complaint to be lodged with the Clerk before the hearing proceeds, and section 45(3) requires it to set out the complainant’s address for service, which is where the defendant sends any notice of set-off or special defence.
Who may complain
Anyone with a cause of action within the Court’s jurisdiction, subject to the ordinary rules of capacity and standing. Section 39 lets a person under 21 sue as if of full age. A company sues in its own name; an unregistered business may be sued in its business name; partners may sue and be sued in the firm name under regulation 23. The Magistrates’ Manual cites Mamun Investments v Ponda [1995] PNGLR 1 for the proposition that a party needs a sufficient interest in the subject matter to have standing. See suing a business or partnership.
The notice of set-off
Because a notice of set-off is itself a “complaint”, the defendant who raises one becomes, for that purpose, a complainant. Section 133(2) requires its particulars, section 144 lets the Court hear and determine a set-off even where the original complaint is dismissed for the complainant’s non-appearance, and section 154 allows the defendant to recover any excess. See set-off.
The District Courts Act and Regulation are not on PacLII; both are on vLex (Act, Regulation).
Before relying on anything here, read the current text of the District Courts Act (Chapter 40) and check for later amendments. The Act is not on PacLII; the figures and time limits quoted in this series come from the consolidation to No 8 of 2000, and the District Courts (Amendment) Act 2009 changes some of them once it is brought into operation. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.