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What Must Be Endorsed on a Writ?

A statement of claim, before the writ is issued. Also a statement of capacity where either party sues or is sued in a representative capacity, a claim for an account where one is wanted, and particulars identifying the publication in libel or the time and place in slander.

The National Court practice series, no. 15 · Commencing proceedings · 5 min read

A writ that is missing a required endorsement is defective. Order 4 of the National Court Rules 1983 sets out what must appear.

Endorsements required on a writ of summons
RuleEndorsementWhen required
O 4 r 19Statement of claimAlways, before the writ is issued
O 4 r 7The relief claimed, stated specifically; and any question on which the Court’s determination is soughtAlways
O 4 r 8Plaintiff’s name, address and occupation; solicitor’s details; address for service within 15 km of the RegistryAlways
O 4 r 9Note warning that judgment may be entered unless notice of intention to defend is filed, and the time limited for itWhere there is a defendant
O 4 r 10(4)Note of the defendant’s right to pay out and stay the proceeding, and the prescribed amount for costsMoney claims only
O 4 r 20Statement of representative capacityWhere a party sues or is sued in a representative capacity
O 4 r 21Claim that an account be takenWhere an account is wanted in the first instance
O 4 r 22Particulars identifying the publication (libel) or the time and place (slander)Defamation claims

Rule 19 — the central requirement

Order 4 Rule 19

Without prejudice to Order 8 Rule 33, before a writ of summons is issued it must be endorsed with a statement of claim.

Your case must be complete before you file

The statement of claim is not something to be supplied later. It goes on the writ before issue.

So before filing you must have identified every element of the cause of action and pleaded the material facts establishing each. A vague or incomplete statement of claim is exposed to an application to strike out or for particulars, both of which cost time and money.

It can be amended under Order 8 Division 4 — but not always once the limitation period has run.

Rule 20 — representative capacity

Order 4 Rule 20

(1) Before issue the writ must be endorsed — (a) where the plaintiff sues in a representative capacity, with a statement of that capacity; and (b) where a defendant is sued in a representative capacity, with a statement of the capacity in which he is sued.

(2) In probate actions, whether the plaintiff claims as creditor, executor, administrator, residuary legatee, legatee, next-of-kin, heir-at-law, devisee or otherwise.

(3) Issue of a writ in a probate action shall be preceded by the filing of an affidavit verifying the endorsement.

Why capacity matters

A person may sue in their own right, or as executor of an estate, as trustee, as a next friend of a child, or in a representative proceeding on behalf of others.

The capacity determines who is bound by the judgment and whose assets answer for costs. Rule 20 requires it to be stated on the face of the writ so nobody is in doubt.

Sub-rule (3) adds a further step in probate: an affidavit verifying the endorsement must be filed before the writ issues. See challenging a will.

Rule 10 — the pay-out note

Order 4 Rule 10

(1) Where the plaintiff claims for debt, damages or other money and makes no claim of any other kind, the defendant may, within the time limited for giving notice of intention to defend, pay the plaintiff (i) the amount claimed (other than costs) and (ii) the amount prescribed for costs under Table 2 of Schedule 2, and may file notice of the payment in Form 8.

(2) On a claim for a liquidated demand together with interest, interest is paid from the date of the claim until payment at the rate specified, or if no rate is specified, at 8% yearly.

(3) On filing the notice of payment, further proceedings shall be stayed.

(4) The originating process shall bear a note to the effect of sub-rules (1) and (3), and where applicable (2), and shall specify the prescribed amount for costs.

A cheap way out for a defendant who accepts the claim

Rule 10 gives a defendant who does not dispute a money claim a way to end it immediately: pay the amount claimed plus the prescribed costs, file Form 8, and further proceedings are stayed.

That is far cheaper than defending and losing. It is available only where the claim is purely for money — a claim that also seeks an injunction or a declaration is outside it.

Note the default interest rate of 8% yearly where a liquidated demand claims interest without specifying a rate. On interest after judgment, see interest on a judgment.

What happens if you get it wrong

Usually curable

Order 1 Rule 8 provides that non-compliance shall not render any proceedings void unless the Court so directs — the proceeding may be set aside as irregular, amended, or otherwise dealt with on terms.

Order 1 Rule 11(2) requires only substantial compliance with a form.

But a party who objects must do so promptly and before taking a fresh step — Order 1 Rule 9 — and must state the objections in the notice of motion under Rule 10.

And remember Order 4 Rule 17: costs occasioned by prolix writs and endorsements are borne by the party using them.

Sources

Check the section yourself

Before relying on anything here, read the current text of the National Court Rules 1983 and check for later amendments. 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.

Disclaimer: This article provides general information about Papua New Guinea law and does not constitute legal advice. Laws may change, and their application depends on individual circumstances. You should obtain professional legal advice for your specific situation. Read the full disclaimer.