South Seas Tuna Corporation Ltd v Koim [2023] PGNC 450; N10593
Judicial review – substantive hearing – Goods and Services Act 2003 – failure and refusal of defendants to make a determination on the plaintiff’s objections – error of law – judicial review relief granted.
Steven v Maladina [2023] PGNC 298; N10469
Election petition – objection to competency – petition lodged without receipt of payment of filing fee – receipt lodged the next day – one day out of time – Organic Law on National and Local-level Government Elections – Election Petition Rules, Rules 5 and 6 – amended petition filed one day out of time – whether permissible – allegations of bribery and undue influence – whether sufficiently pleaded - petition and amended petition incompetent.
Mokono v Tkatchenko [2023] PGSC 149; SC2500
Appeal – judicial review – process of appointing managing director of National Housing Corporation – statutory interpretation – functional or dysfunctional board – National Housing Corporation Act, ss 7, 15 and 17 – meaning of “no board” - Regulatory Statutory Authorities (Appointment to Certain Offices) Act 2004, ss 4, 8 and 13 – Supreme Court Rules, Order 10 – appeal dismissed.
South Seas Tuna Corporation Ltd v Koim [2023] PGSC 72; SC2418
Judicial review – garnishee notice – Goods and Services Act 2003, s 88 – delegation of power – failure to take into account relevant evidence – credibility of evidence – grant of leave to apply for judicial review – appeal allowed.
Twinza Oil (PNG) Limited v Manau [2023] (unreported, SC, 18 May 2023)
Judicial review – refusal of leave – appeal – stay pending appeal – Supreme Court Act and Rules – principles – stay granted pending hearing and determination of appeal.
Elemi v Pala [2023] PGNC 20; N10134
Election petition – “bribery” – Organic Law on National and Local-level Government Elections, s 215 – elements of offences of bribery – Criminal Code, s 103 – whether bribery offences committed by persons other than the successful candidate – whether briber offences committed with successful candidate’s knowledge or authority – petition dismissed.
Application by Digicel (PNG) Ltd (unreported, SC, 26 July 2022)
Constitution, s 18(1) – application on standing – interpretation and application of constitutional laws in respect of Income Tax (Amendment) Act 2022 – Supreme Court Rules, Order 4 rule 25 – applicant having sufficient interest – applicant’s rights directly affected.
Jaro Investment Limited v Acting Registrar of Titles [2022] PGSC 5; SC2192
Judicial review – State Lease – decision of Registrar to cancel State Lease – replacement of instrument of title – ss 160, 161 and 162 of Land Registration Act -errors of law – appeal upheld.
Summit Development Ltd v Minister for Mining (Unnumbered, Supreme Court, 17 December 2021)
Appeal – judicial review – Mining Act 1992 – application for extension of exploration licence – report of Mining Advisory Council – Minister’s decision accepting MAC recommendation and refusing application – process – legal unreasonableness - appeal dismissed.
Barrick (Niugini) Ltd v Nekitel [2021] PGNC 60; N8791
Judicial review – practice and procedure – whether grant of leave operates as stay – undertaking as to damages – arguable case – balance of convenience – interests of justice.
Barrick (Niugini) Ltd v Nekitel [2020] PGNC 376; N8652
Judicial review – practice and procedure – order for mediation – revocation or variation of orders – considerations – National Court Act Chapter 38 – Rules Relating to the Accreditation, Regulation and Conduct of Mediators, Rules 4 and 5.
Barrick (Niugini) Ltd v Nekitel [2020] PGNC 199; N8429
Judicial review – practice and procedure – discovery of documents – National Executive Council documents – exceptions – statutory prohibition - Constitution s 86(4) – Mining Act 1992 s 163.
Sia v Numu [2020] PGSC 68; SC1978
Elections – National Parliament – voiding election on ground of undue influence – Organic Law on National and Local-level Government Elections, s 215(1) – whether offence of undue influence under Criminal Code, s 102 has to be proven.
Barrick (Niugini) Ltd v Nekitel [2020] PGNC 180; N8409
Judicial review – application for leave to review National Executive Council decision –standing – grounds – breach of natural justice and procedural fairness - failure to take into account relevant considerations - breach of statutorily prescribed process - bad faith unreasonableness in the Wednesbury sense - failure to disclose copy of relevant decision – effect of – lack of good reason for decision – leave granted – decision maker to provide copy of decision with reasons.
Ame v Kimisopa [2020] PGSC 28; SC1929
Supreme Court – practice & procedure – election petition review – application to dismiss review – non-compliance with court order – direction for applicant to compile review book – want of prosecution – failure to prosecute review with due diligence – Supreme Court Rules – Order 5, Rule 37.
Application by Air Niugini Ltd and Rei Logona pursuant to Constitution, Section 18(1) [2020] PGSC 16; SC1922
Constitutional law – Ombudsman Commission – whether Ombudsman Commission has jurisdiction to investigate alleged wrongful termination of employment of Air Niugini Ltd employee – whether Air Niugini Ltd a “governmental body” or other body within jurisdiction of Ombudsman Commission – whether alleged wrongful termination of employment is “conduct” that may be investigated – Constitution, Division VIII.2 (the Ombudsman Commission), section 219 (functions of the Commission) – Organic Law on the Ombudsman Commission, Part III (functions etc of the Commission), section 13 (functions of the Commission).
Kamen v L&A Construction Limited (Unnumbered, Thompson J, 12 September 2019)
Judicial review – decision of Minister to recommend upholding appeal and grant of State Lease – decision of Head of State acting on advice – whether Minister empowered to refer matter back to the Land Board for rehearing – whether procedural error tantamount to fraud – fraud required to be pleaded and proved against registered proprietor
Samy Lodge Limited v L&A Construction Limited (Unnumbered, Thompson J, 14 December 2018)
Judicial review - appeal from Land Board – whether Head of State obliged to give reasons – right to be heard – indefeasibility of title – actual fraud required to be pleaded and proved against registered proprietor.
Wesley v Leonard [2018] PGSC 49; SC1706
Supreme Court – application for dismissal for application for leave to review – Order 5 Rule 11 of the Supreme Court Rules – requirements set out therein mandatory – application upheld.
GR Logging Ltd v Dotaona [2018] PGSC 34; SC1690
Judicial review – leave requirements – whether a person can make a fresh application for leave for judicial review after an earlier application for leave for judicial review of the same decisions on the same grounds has been dismissed as an abuse of process – res judicata – need to establish whether first application was determined on its merits – whether objection to competency of an appeal can be made without notice of objection to competency – appeals from orders under Order 16 of the National Court Rules – Supreme Court Rules, Order 10, Rule 3(b)(ii) – need to annex certified copy of National Court order.
Bougainville Copper Ltd v Masono [2018] PGNC 354; N7430
Judicial review – application for a joinder – National Court Rules Order 16 r 5 (2), Order 5 r 8 (1) – Constitution s 155(4) - tests for a joinder – Bougainville Mining Act 2015 ss 33 and 96 – principles regarding joinder discussed.
Polye v Manase [2018] PGNC 389; N7489
Election petition – objection to competency of petition – grounds of – failure to plead facts – allegations of bribery and undue influence – allegations of illegal practices and errors or omissions at polling and counting – whether sufficient facts pleaded – whether facts show result likely to be affected or was affected by the illegal practices and errors or omissions – Organic Law on National and Local-level Government Elections ss 208 (a), 215 & 218.
Summit Development Ltd v Chan [2018] PGNC 250; N7335
Judicial review – Mining Act ss 24, 101, 110(4) – review of the decision of the Minister to refuse to renew an application for extension - exploration licence – denial of natural justice – bias or apprehension of bias – Wednesbury principle of unreasonableness – harsh and oppressive decision – contrary to ss 41, 59, Constitution – applicant failed to prove grounds of review – judicial review application refused and dismissed.
Wesley v Leonard [2018] PGNC 76; N7148
Election petition – objections to competency – Organic Law on National and Local-Level Government Elections S208(a) – facts to be stated – only facts required to be pleaded.
Boochani v Independent State of Papua New Guinea [2017] PGSC 44; SC1643
Supreme Court – application to enforce constitutional rights – alleged breaches of constitutional rights – application to dismiss proceedings – alleged failure to give notice of intention to make a claim within six months of the occurrence of the alleged breach – requirement to give notice mandatory – consideration of occurrence out of which claim arose – Claims By and Against the State Act, 1996 s 5.
Talita v Ipatas [2016] PGSC 89; SC1603
Election petition – grounds and facts - objection to competency of – pleading of illegal practices excluding bribery committed by persons other than winning candidate – knowledge and authority of candidate – effect on election result – errors or omissions - pleading of – material facts – s 208 (a) of Organic Law on National and Local-level Government Elections – winning margin - requirement to set out winning margin – attesting witness – requirement that election petition “be attested by two witnesses whose occupation and addresses are stated” – “attest” - whether witnesses of facts alleged or mere witnesses to signing.
Cheikh v Pato [2017] PGNC 208; N6879
Judicial review – application for leave – applicant allowed to enter and live in PNG - exemption from the requirements of the Migration Act, 1978 – applicant having no entry permit and passport -applicant challenging decisions of Minister for Foreign Affairs and Immigration to refuse application for refugee status, to deport him and to have him detained pending his deportation – Migration Act ss 12,13,14 and 15 – Migration Regulation 1979 ss 14(1), 15(2) - applicant having sufficient interest – power of the Minister – exercise of power conferred by statute - no specific challenge to the exercise of power by the Minister under the relevant statutory provisions - applicant claiming breaches of his rights under the Constitution and Human Right laws - applicant not pleading proper grounds of review – National Court Rules Order 16 r 13 – claims should be appropriately made in the Human Rights Court – matters raised inappropriate for judicial review - proceeding an abuse of process and incompetent delay - over fifteen months delay inordinate- absence of a reasonable explanation.
Yangi v Air Niugini Limited (Unnumbered, Salika DCJ, Batari & Collier JJ, 4 August 2017)
Judicial review – whether judicial review available – employment contracts and industrial awards – private or public law – employer incorporated under Companies Act 1997 – comprehensive employment contract and industrial award – judicial review not available.
Boochani v Independent State of Papua New Guinea [2017] PGSC 4; SC1566
Application for interlocutory injunctive relief to restrain deporting applicants to their home country - asylum seekers determined by the respondents to be "non-refugees"- excercise of discretion - application refused.
Kirilyo v Thatchenko [2017] PGNC 283; N7008
Elections – petitions – objection to competency of petition – need for strict compliance with Organic Law on National and Local-level Government Elections, s 208 (requisites of petition) – whether addresses of attesting witnesses adequately stated – whether facts relied on to invalidate the election adequately set out.
O'Neill v Eliakim [2016] PGSC 57; SC1539
Appeal against joinder of parties to an application for judicial review.
O'Neill v Eliakim [2016] PGSC 41; SC1522
Objection to counsel for third respondents appearing without the consent of the Attorney-General - issue estoppel.
Kondra v Lenalia [2016] PGSC 44; SC1527
Supreme Court - application for stay – relevant considerations – public Interest – exceptional circumstance – suspension by operation of law.
Marape v O'Neill [2016] PGSC 18; SC1493
Appeal against an order of National Court that refused to grant applications for two interlocutory injunctions – submission that the appellant is attempting to invoke the National Court’s civil jurisdiction to restrain constitutional functions of the police – primary judge did not err by refusing to endorse the proposed consent orders and in not granting the interlocutory injunctive relief sought - appeal dismissed.
Marape v O'Neill [2016] PGSC 16; SC1492
Application to discharge order of single Judge - referral of two lawyers to Lawyers Statutory Committee for disciplinary action – alleged improper conduct by lawyers – alleged breach of natural justice and procedural fairness – denial of right to be heard – Constitution s 59 – Supreme Court Rules rr 25 and 26 – lawyers’ conduct – conduct amounting to collusion to pervert the course of justice – referral by judge constituted a complaint – Lawyers Act 1986 – ss 48, 49, 50, 51, 52, 53, 54, 55, 57, 58 & 59 – Professional Conduct Rules 1989 r 15.
Independent State of Papua New Guinea v Transferees [2016] PGSC 6; SC1488
Summary determination – Supreme Court Rules, 2012 - Orders 13 rr 15 & 16 (1) (b) and 11 r 32 – referral for summary determination by a judge - slip rule application filed out of time – delay - application not meeting requirements of Form 4 – application dismissed for want of prosecution and as incompetent.
Marape v O'Neill [2016] PGSC 4; SC1487
Review of decision of single Supreme Court Judge as to whether approval of Attorney General required by sixth and seventh respondents concerning their legal representation.
Marape v O'Neill [2016] PGSC 3; SC1486
Objection to competency of appeal – sixth and seventh respondents object to appeal – objection is made on the basis that appeal is incompetent by virtue of the principles of issue estoppel and res judicata, abuse of process, and grounds of appeal are frivolous and vexatious - objections do not question court's jurisdiction to hear the competency of the appeal but rather raise questions as to the merits of the appeal - objection to competency dismissed - Order 7 Rule 15 Supreme Court Rules 2012.
Kondra v Lenalia [2016] PGNC 35; N6201
Review of decisions of Leadership Tribunal – misconduct in office – finding of guilt – penalty – grounds of – irrelevant considerations – unreasonableness – error of law – duplicity of charges – failure to take into account relevant considerations – ss 27 & 28 - misapplication of public funds – District Service Improvement Programme Funds – District Support Grants – Constitution ss 27 & 28 – Organic Law on the Duties and Responsibilities of Leadership ss 13 & 27.
O'Neill v Eliakim [2016] PGSC 40; SC1524
Supreme Court – application for leave to appeal – application for stay of the decision below to be challenged on appeal – proper parties – joinder of parties - Supreme Court Act ss 4, 5 (1)(a), 10 (1)(a) & 14 (3)(b), National Court Rules, Order 5 Rules 2, 6, 7, 8 & 9; Order 12 Rule 40; Order 16 Rules 3(2) & 5(2) – rights of appeal & review – Commissioner of Police - Constitution, ss 37 (1), (15) and (16); 197, 198; 155 (2)(b), (3)(a) & (4).
State v Eluh [2016] PGSC 26; SC1479
Application for leave to appeal – leave sought to appeal grant of leave for judicial review – whether meritorious and arguable case established – exhaustion of alternative remedies – whether right of statutory review available – contract of employment – whether remedy lies in damages – Supreme Court Act s 14(3)(b) – Police Act s 26 – National Court Rules Order 16.
Gore v Poole [2015] PGNC 261; N6128
Application for judicial review – decision of a Leadership Tribunal – leader found guilty of misconduct in office – requirements of s 27 of the Constitution – Organic Law on Duties and Responsibilities of Leadership – whether misconduct in office a form of corruption - penalty for a Leader found guilty of misconduct in office – leader suspended from office without pay or any other entitlement of office for three months – whether period of suspension served before sentence can form part of the penalty.
Vaki v Eliakim [2015] PGNC 253; N6129
Judicial review proceedings – application for joinder of party – source of power – power to join party in judicial review proceedings – relevant principles – persons directly affected – sufficient interest – persons directly affected must be served notice of motion – court has overriding discretion and control on joinder of party – National Court Rules – Order 5, Rule 8 – Order 16, Rules 5(2)&(6) & 13(13)(b)&(c).
Marape v O'Neill [2015] PGSC 65; SC1458
Supreme Court – application to discharge orders made by a Supreme Court Judge for the joinder of parties – discretionary – relevant principles – sufficient interest – joinder necessary – Supreme Court Rules Order 11, rules 11, 25 & 26 – competency of application – proper form for application – Form 4 – application shall state grounds – failure to state grounds – Supreme Court Rules Order 13, rule 10.
Namah v O'Neill [2015] PGSC 77; SC1617
Claims under s 18(1) of the Constitution - practice and procedure - pleading the claim- onus and standard of proof- evidence - findings of fact -identification of constitutional issues - determination - constitutional interpretation and application - constitutional amendments – inconsistency with existing provision of Constitution - purpose of provision or other related provisions - constitutionality and validity of constitutional amendment - Constitution s 145(l){b) and (4) (Motions of No confidence) and s 124 (1) (calling and sitting of Parliament- inconsistent with s 145, s 111, s 115 and s 50(1) (c) and (e) of the Constitution - Constitutional Amendments declared unconstitutional and invalid.
Embel v Komal [2015] PGSC 47; SC1453
Applications to dismiss proceeding for failure to comply with Order 5 Rule 14 Supreme Court Rules.
Independent State of Papua New Guinea v Transferees [2015] PGSC 45; SC1451
Appeal – practice & procedure – proceedings initiated by a judge – Constitution s 57 (1) – asylum seekers – human rights – judge initiating proceedings to "inquire" into possible human right abuses – judge calling witnesses – expert witness a personal friend of the judge – long term association with the expert witness not disclosed by judge - judge directing Public Solicitor to represent asylum seekers - application for judge to disqualify himself – apprehended bias – refusal by a judge to disqualify himself – duty of the judge to disclose possible conflict of interest - circumstances under which a judge should disqualify himself – Judge issuing directions to progress the case without hearing the parties - whether judge breached principles of natural justice – Constitution s 59 – issue arising not raised in the grounds of appeal – such issue going to the jurisdiction of the Court – power of the Supreme Court to decide the issue.
Micah v Lua [2015] PGSC 40; SC1445
Supreme court – appeal against refusal of grant of leave to apply for judicial review – leave sought to review decision of Ombudsman Commission to refer Leader to Public Prosecutor for prosecution – principles of leave considered – arguable case – exhaustion of administrative remedies - constitutional law – alleged misconduct in office by Leader – investigation of – right of Leader to respond to allegations – further information or evidence obtained after Leader responded to allegations of misconduct in office – whether Leader has right to respond to further information or evidence – natural justice – right to be heard – no reasons of referral given to Leader – duty to give reasons – failure to give reasons – Constitution s 59 – Organic Law on Duties and Responsibilities on Leadership – ss 20 & 21.
Embel v Komal [2015] PGNC 37; N5947
Election petitions – practice & procedure – objection to competency – grounds of – insufficient material facts – illegal practices and errors or omissions at various polling locations – errors or omissions at counting – objection to ballot-boxes being admitted to scrutiny – whether sufficient material facts pleaded – appointment of polling officials – illegal appointment of – whether proper ground to invalidate or void election or return – Organic Law on National and Local-level Government Elections s 208(a).
Dekenai Construction Ltd v National Airports Corporation Ltd [2015] PGSC 39; SC1444
Supreme Court – practice & procedure – application for stay – stay of National Court proceeding – proposed appeal against grant of leave to apply for judicial review – Supreme Court Act s 19.
Kalaut v Thompson [2015] PGSC 78; SC1551
Supreme Court – objection to competency of appeal– whether Court’s jurisdiction validly invoked – if one ground properly invokes jurisdiction, appeal competent.
Agiru v Kaiabe [2015] PGSC 2; SC1412
Practice and procedure – applications subsequent to disposal of proceedings – slip rule applications – necessity for leave – Supreme Court Rules 2012, Order 11, Rule 32.
Leahy v Kaluwin [2014] PGNC 163; N5813
Human rights – right to a fair hearing within a reasonable time by an independent and impartial court – Constitution s 37(3) – remedies for breach – Constitution s 57 – constitutional office-holders – role and functions of Public Prosecutor – independence – not immune from direction and control by a court – Constitution ss 176, 177 – obligation of Public Prosecutor to comply with Constitution s 37(3) – duty to afford accused persons the full protection of the law.
Abal v Ganim [2014] PGNC 32; N5676
Election petition - objections to competency – petition dismissed.
O'Neill v Ombudsman Commission of Papua New Guinea [2014] PGNC 99; N5642
Judicial review - practice procedure - application to stay - National Court Rules Order 16 r 3 (8) - application for stay made after grant of leave for judicial review - whether there is a serious issue to be tried already settled at leave stage - principles relating to stay discussed - stay granted.
Tzen Plantations Ltd v Open Bay Timber Ltd [2014] PGSC 15; SC1380
Judicial review - judgment of the National Court that a State Lease held by the appellant was null and void s 139A Forestry Act.
Namah v Kua [2014] PGSC 71; SC1342
Constitutional law – practice and procedure – application under Constitution, s 18(1) (original interpretative jurisdiction of the Supreme Court) – declaration sought as to interpretation and application of provisions of the Constitution regarding calling of meetings of the Parliament and motions of no confidence in the Prime Minister - Sections 124 (calling etc), 145 (motions of no confidence) – question of locus standi - whether applicant has standing to make application.
State v Transferees [2014] PGSC 23; SC1348
Application for leave to appeal – proposed appeal against refusal by trial judge to disqualify himself – grounds of – apprehended bias – trial judge's conduct and association – inquiry into allegations of breaches of human rights of asylum seekers – inquiry commenced by National Court on its own initiative – no prescribed procedure for inquiry – trial judge issued ad hoc directions for conduct of inquiry – trial judge fixed time-table for inquiry – appointment of medical expert witness who is a personal friend of trial judge of long standing – parties not given opportunity to be heard on the ad hoc directions and appointment of medical expert witness – breach of natural justice – arguable case established – Constitution ss 57, 59 & 185 – Supreme Court Act s 14(3)(b).
Application to extend stay order – stay of National Court proceedings – inquiry in allegations of breaches of human rights of asylum seekers –arguable case established – necessary for inquiry to be stopped – Supreme Court Act s 19.
Talita v Ipatas [2014] PGSC 17; SC1333
Elections – application for leave for review – petition dismissed on basis of incompetency – adequacy of pleadings – errors and omissions – illegal practices.
Talita v Ipatas [2014] PGSC 6; SC1311
Elections – practice and procedure – application for leave to review – application to amend application for leave – discretion – relevant principles.
Namah v Pato [2014] PGSC 1; SC1304
Constitutional law – practice and procedure – application under Constitution, s 18(1) (original interpretative jurisdiction of the Supreme Court) – application by Leader of the Opposition – declaration sought as to interpretation and application of Constitution - s 42 (liberty of the person) – question of locus standi - whether applicant has standing to make application.
Manase v Polye [2013] PGSC 68; SC1329
Election petitions – application for review – review of National Court decision – dismissal of petition for non-compliance with directions – directions for parties to file and serve written submissions in relation to objection to competency – non-compliance of – trial judge's exercise of discretion – whether discretion properly exercised – Constitution s 155(2)(b) – National Court Election Petition Rules, 2002 rr 17 & 18.
Danaya v Wobiro [2013] PGSC 41; SC1292
Elections – competency of petition disputing validity of election – Organic Law on National and Local-level Government Elections, s 208(d) - petition to be attested by two witnesses whose occupations and addresses are stated – whether a witness had correctly stated his occupation – whether incorrect statement of occupation is a matter going to competency of petition
Talita v Ipatas [2013] PGNC 175; N5333
Election petition – National Government elections – Court of Disputed Returns – objection to competency – pleading of material facts in an election petition –requirements of s 208 (a) and (d) of the Organic Law on National and Local-level Government Elections – inconsistent pleadings – inappropriate to plead in the alternative.
Niningi v Electoral Commission of Papua New Guinea [2013] PGNC 122; N5322
Election petition – objection to competency – pleading essential facts- errors and omissions – bribery of electoral officials committed by successful candidate – failure to comply with mandatory requirements of Organic Law on National and Local-Level Government Elections - s 208 (a) in conjunction with s 215 (1) & s 218 - s 103(a)(iii) of the Criminal Code – petition dismissed.
Ganim v Abal (16 July 2013, Hartshorn J)
Election petition – National Government Elections – objection to competency – prerequisite of s 208(a) and 209 of the Organic Law on National and Local-level Government Elections – winning margin – result affected or likely to be affected - allegations of ‘illegal practices’, ‘errors’ or ‘omissions’.
Talita v Ipatas (16 July 2013, Lenalia J)
Election petition – National Government Elections – objection to competency – prerequisite of s 208(a) and 209 of the Organic Law on National and Local-level Government Elections – allegations of ‘illegal practices’, ‘errors’ or ‘omissions’.
Namah v Pato (4 July 2013, Cannings, Kassman & Murray JJ)
Practice & procedure – application under s 18 (1) of the Constitution – Supreme Court Rules 2012 – objection to competency – applicant required to sign – interpretation and application of constitutional law – Manus refugee centre.
Open Bay Timber Limited v Tzen Plantations Limited (Cannings J, 26 March 2013)
Judicial review – Forestry Act s 139A – right of occupancy – Land Act – State leases – Land Registration Act – vacant land – indefeasibility of title – exemption from advertisement – meaning of fraud – Land Board – natural justice – unreasonableness.
Honourable Leo Dion v Sir John Kaputin (Davani J, 13 February 2013)
Election petition – General Election – competency – bribery and undue influence – pre-requisites – material facts.
Wawoi Guavi Timber Company Limited v Mondiai (Davani J, 12 October 2012)
Application for leave to appeal – refusal to stay or dismiss proceedings as an abuse of process - principles governing grant of leave – discretionary judgment – same arguments available on substantive hearing – application refused.
PNG Forest Industries Association v Kora (26 September 2012, Kirriwom J)
Judicial review – application for leave – principles.
Aipa v Samson [2012] PGNC 185; N4777
Judicial review – decision of Deputy Registrar of Titles to cancel title of grantee of State lease – whether procedure for cancellation in Land Registration Act, ss 160 and 161, followed – natural justice – decision cancelling title quashed.
In re Honourable Arthur Somare (Leadership Tribunal - 24 July 2012)
Leadership Tribunal - Organic Law on Duties and Responsibilities of Leadership – proof of misconduct - evidence – charges misconceived.
In re Constitution Section 19(1) - Special reference by Allan Marat; In re Constitution Section 19(1) and 3(a) - Special reference by the National Parliament [2012] PGSC 20; SC1187
Constitution s 19 (2) – binding effect of opinions of the Supreme Court in Supreme Court References – doctrine of separation of powers – Constitution ss 99 (3), 9, 10, 11 and 155 (2) (b) – Supreme law making powers of the Parliament - Supreme Court has unlimited jurisdiction – inherent power – scheme of the Constitution - Supreme Court Act ss 1 and 7 – interpretation and application of constitutional law – amendments to Prime Minister and Executive Council Act 2002 – amendments having retrospective effect - appointment of Prime Minister – doctrine of res judicata – justiciability of advice to the Head of State – justiciability of decisions of the Head of State – Whether the Head of State has discretion on advice by Parliament regarding election of the Prime Minister – Constitution s. 142 (2) – scheme of the Constitution - Organic Law on National and Local-level Government Elections - constitutional safeguard and protection over executive acts - Prime Minister occupying office without legal right – de facto Prime Minister – de facto government – Meaning of a de facto government - neither Parliament nor elected Members of Parliament, individually or collectively, exempted from complying with court orders, judgments, decisions, rulings or opinions.
Re Judicial Conduct Act 2012 [2012] PGSC 12; SC1178
Constitutional reference – jurisdiction to grant interim relief – parliamentary privilege.
Somare v Nape [2012] PGSC 21; SC1175
Interim injunction – restraining members of Parliament – Constitution s 115(3) – Judicial Conduct Act 2012.
Kimas v Boera Development Corporation Ltd [2012] PGSC 8; SC1172
Appeal - judicial review – application for leave – standing – whether Minister should be named as a defendant where decision of delegate of Minister – whether claims that particular provisions of Act of Parliament are unconstitutional can be included in a judicial review – need for applicant to exhaust administrative remedies – whether undue delay in making application for leave – whether procedural requirements under Order 16 met – effect of application for leave seeking declarations and orders that bear no direct connection to the matter to which the application relates.
Reference pursuant to Constitution s 19(1); Allan Marat [2012] PGSC 1; SC1149
Constitutional reference – interveners – objection to competency – political and constitutional issues.
Medaing v Ramu Nico Management (MCC) Limited (SC 22 December 2011)
Appeal – cross-appeal – refusal of quia temet injunction - discretionary judgment – principles – declarations not sought – public and private nuisance – elements of causes of action – Constitution - justiciability of National Goals and Directive Principles – appeal dismissed – cross-appeal allowed.
National Capital Limited v Bank of Papua New Guinea (NC 18 December 2011)
Judicial review – application for leave – principles – arguable case – revocation of licence – Superannuation (Special Provisions) Act 2000.
Rabaul Shipping Limited v PNG Ports Corporation Limited (NC 12 December 2011)
Judicial review – application for leave to apply – delay – satisfactory explanation – Regulations – ultra vires.
Special Reference No 3 of 2011; East Sepik Provincial Executive; Re Office of Prime Minister (SC 12 December 2011)
Constitution – occasion for election of Prime Minister – vacancy in office – powers of Parliament – Prime Minister and NEC Act – Public Health Act – soundness of mind – absence from Parliament – vacancy in seat – powers of Speaker.
Mondiai v Wawoi Guavi Timber Company Limited (NC 19 October 2011)
Judicial review - application to dismiss – futility – issues overtaken by events - Forestry (Timber Permits Validation) Act.
Arthur Somare v Honourable Justice Lenalia (NC 17 October 2011)
Judicial review – referral to Leadership Tribunal – Public Prosecutor – delegation of powers – State Prosecutor - Constitution – alleged ultra vires – Organic Law on Duties and Responsibilities of Leadership.
Grand Chief Sir Michael Thomas Somare v Chronox Manek (2011) PGSC 17
Original jurisdiction of the Supreme Court - case brought under s. 18(1) of the Constitution
Arthur Somare v Ilo Geno (NC 3 June 2011)
Judicial Review – Ombudsman Commission – Organic Law on Duties and Responsibilities of Leadership – right to be heard – bias – irrelevant considerations - investigation – referral.
Jim Simatab SCR No 31 of 2008 (SC May 2011)
Slip rule – elections petition – right to be heard.
Re Grand Chief Sir Michael Thomas Somare (Leadership Tribunal – 24 March 2011)
Leadership Tribunal – Constitution - Organic Law on Duties and Responsibilities of Leadership – penalty following findings of misconduct – principles – suspension from office for two weeks.
Re Grand Chief Sir Michael Thomas Somare (Leadership Tribunal – 22 March 2011)
Leadership Tribunal – Constitution - Organic Law on Duties and Responsibilities of Leadership – findings of misconduct – standard of proof – evidence – unnecessary charges.
Re Grand Chief Sir Michael Thomas Somare (Leadership Tribunal – 15 March 2011)
Leadership Tribunal – Constitution - Organic Law on Duties and Responsibilities of Leadership – suspension of Prime Minister pending hearing and determination – discretion – principles.
Timbers (PNG) Limited v Valentine Kambori (2010) N4282
Application to dismiss - proceeding bound to fail if allowed to proceed to a substantive hearing - conflict with an existing order of the Supreme Court.
SCR No 7 of 2008; Constitution s18(1) Reference; Re Forestry Act (2010) SC1087
Reference by citizen – Forestry (Timber Permits Validation) Act 2007 – objection to competency – section 18(1) jurisdiction – Supreme Court Rules – inconsistency with Constitution – validity of rule – reference incompetent.
SCR No 5 of 2005; Constitution s19 Reference by Ombudsman Commission (2010) SC1086
Constitutional law – special reference – Forestry Act 1991 – National Goals and Directive Principles – non-justiciable.
Tarsie v Wari Iamo [2010] PGNC 39 N4033
Judicial review – application for leave to seek review of decisions of Director of Environment to grant amendment to environment permit – Environment Act, Section 71 – requirements for granting of leave – whether an arguable case exists – whether there has been undue delay – leave refused.
Madang Timbers Ltd v Kambori [2009] PGSC 18 SC1000
Statutory interpretation - whether the National Forest Board has power to enter into a project agreement that has not been submitted by a Provincial Forest Management Committee under section 71(b) of the Forestry Act 1991 - whether National Forest Board can consider more than one project agreement.
Constitution s155(2)(b) Application by Herman Joseph Leahy [2009] PGSC 17 SC994
Appeals and reviews – decision of National Court to allow amendment of indictment that had been presented under Criminal Code, section 526 – application for leave to seek review under section 155(2)(b) Constitution – criteria to be satisfied.
Gelu v Sir Michael Somare [2009] PGNC 21 N3647
Application to dismiss judicial review proceeding for want of prosecution – Order 4 Rule 36 National Court Rules - likelihood of prejudice caused to defendants by delay in prosecuting proceedings to be considered - onus upon applicants to prosecute their claim especially in judicial review proceedings - applicants not properly prosecuting proceeding with due despatch – application to dismiss proceedings for want of prosecution granted.
Gelu v Sir Michael Somare [2008] PGNC 166 N3526
Judicial review – application for stay of proceedings following grant of leave to seek judicial review – National Court Rules, Order 16, Rule 3(8) – principles to apply when determining whether to grant a stay of proceedings.
Gelu v Sir Michael Somare [2008] PGNC 174 N3524
Judicial review – application for leave to seek judicial review – whether undue and unjustifiable delay in making application – whether alleged breaches of the Constitution can form grounds on which judicial review is sought – whether judicial review procedure can be used to challenge constitutional validity of an Act of the Parliament – whether applicant has an arguable case.
Telikom PNG Ltd v Newsat Ltd [2007] PGNC 160 N3451
National Court – leave sought to file a draft constitutional reference - application misconceived and premature - National Court can only refer constitutional questions to the Supreme Court after making findings of fact necessary to provide a platform on which the Supreme Court can determine the questions.
Makeng v Timbers (PNG) Ltd [2008] PGNC 78 N3317
Judicial review – whether Court has jurisdiction to grant stay or other interim relief before grant of leave to apply for judicial review – Order 16 r 3 (8), National Court Rules, Constitution, s 155 (4).
Wawoi Guavi Timber Company Limited v Mondiai [2007] PGSC 47 SC1028
Appeal –application for leave to appeal from an interlocutory judgment granting leave to apply for judicial review – leave to appeal against grant of leave for judicial review necessary –- s.14 Supreme Court Act, Order 16 rule 3 National Court Rules
SC Ref No 3 of 2006; In the Matter of Section 19 of the Constitution of the Independent State of Papua New Guinea; Ruling on Costs [2007] PGSC 43 SC918
Costs – constitutional reference struck out – whether referrer should pay costs of interveners.
In the Matter of Section 19 of the Constitution of the Independent State of Papua New Guinea; Reference by Fly River Provincial Executive [2007] PGSC 42 SC917
Constitutional law – special references under Constitution, Section 19 – practice and procedure – whether a special reference must be signed by a proper officer on behalf of the referring authority – whether an authority’s lawyer can sign the reference – Supreme Court Rules, Order 4, Rule 1(e) – consequences of non-compliance with Rules – whether reference should be struck out.
Mondiai v Wawoi Guavi Timber Co Ltd [2007] PGSC 6 SC886
Supreme Court Rules -Order 10 appeal- objection to competency – whether any provision for – adding appellant after 40 days – whether rule constrained by Supreme Court Act s17 – whether leave required for person not a party to appeal – meaning of “sufficient interest” National Court Rules 016 r 3(5).
Enhanced Cooperation between PNG and Australia Act [2005]
SC785
Constitutional law - Special Reference by Morobe Provincial Executive under Section
19 of the Constitution – whether the Enhanced Cooperation between Papua
New Guinea and Australia Act 2004 is inconsistent with the Constitution – Constitution
breached – Act unconstitutional.
Validity of Value Added Tax Act 1998: SCR No 1 of 2000
[2002] SC693
Special Reference under Section 19 of the Constitution – Constitutional
validity of Value Added Tax Act – Act invalid.
Sir Mekere Morauta v Aloysius Eviaisa [2002] SC685
Administrative law - appeal from judicial review under
National Court Rules – recommendation for appointment
under the Public Officers Superannuation Fund Act – whether
recommendation secured by threat, duress or intimidation – court’s
function.
Garamut Enterprises Limited v Steamships Trading Company
Ltd [1999] SC625
Application for leave to apply for judicial review – Leave
granted – Appeal against Grant of Leave – Appeal
incompetent – National Court Rules – Supreme
Court Act and Rules.
Rimbink Pato v Anthony Manjin [1999] SC622
Application for leave to appeal – Interlocutory injunction
restraining police from investigation and arresting Applicant – Discharge
of interlocutory injunction – Whether leave required – Refusal
of leave.
SCR No 35 of1996: TST Holdings Pty Ltd v Tom Pelis [1997]
SC534
Review pursuant to Sections 155(2)(b) and 155(4) of the
Constitution – jurisdiction to review – leave
required – statutory requirements – demonstration
of an arguable case.
National Executive Council v Public Employees Association
[1993] PNGLR 264
State Services – appointment of a departmental head – compulsory
retirement at 60.
Constitutional law – qualified rights – freedom
of employment – whether compulsory retirement at
age unconstitutional.
Independent State of Papua New Guinea v NTN Pty Limited
[1992] PNGLR 1
Constitutionality – invalidating legislation – qualifying
qualified rights – freedom of expression – compliance
with manner and form requirements. Legislation regulating
broadcasting licence – Radiocommunications Act – non-compliance
with Constitutional requirements.
Papua New Guinea Coffee Industry Board v Panga Coffee
Factory Pty Ltd [1990] PNGLR 363
Statutory powers and duties – licence conditions
conflicting with contractual provisions - whether licensing
power fettered by contractual provisions of coffee stockpiling
agreement.
Public Employees Association of Papua New Guinea v Public
Services Commission [1988-1989] PNGLR 585
Interlocutory injunction – principles upon which
granted – serious question for determination – balance
of convenience. State Services – public servants – strike
action – breach of Public Service Act – nature
of breach – disciplinary offence only – no
constitutional protection.
Ross Bishop v Bishop Bros Engineering Pty Ltd [1988-1989]
PNGLR 533
Contempt – civil contempt – disobedience of
court order – order must be clear and unambiguous – proper
service – wilful disobedience – standard of
proof beyond reasonable doubt – rights of contemnor – same
constitutional rights as person charged with an offence – Constitution,
s 37.
Bougainville Copper Foundation v Minister for Trade and
Industry
[1988-1989] PNGLR 110
Judicial review of administrative acts – natural
justice – revocation of statutory licence or exemption – scope
of power to revoke – revocation affecting livelihood – duty
to give prior notice, grounds for an opportunity to be
heard – Minister acting on report of departmental
officer – revocation of statutory exemption to foreign
enterprise – rules of natural justice breached – National
Investment and Development Act.
Supreme Court Review No 5 of 1987, Re Central Banking
(Foreign Exchange And Gold) Regulations (Ch No 138) [1987]
PNGLR 433
Ruling on demurrer before plea taken – no acquittal – no
appeal procedures available – important question
of law – review procedure available – Constitution,
s 155(2). Banks and banking – offences – foreign
exchange control – validity of regulations – offence
of sending foreign currency out of country – regulation
within power – Central Banking Act – Central
Banking (Foreign Exchange and Gold) Regulations.
Review pursuant to Constitution S155(2)(b); Application
by Acting Public Prosecutor [1987] PNGLR 216
Public Prosecutor – standing and role of – no
standing to seek judicial review on demurrer to indictment – Constitution
ss 156, 177 – Public Prosecutor (Office and Functions)
Act – Supreme Court Act.
NTN Pty Limited v Post & Telecommunication Corporation
[1987] PNGLR 70
Judicial review application – discretion – grounds
for exercise of – where application out of time – National
Court Rules, O 16, rr 3, 4 – Constitution, s 60.
NTN Pty Limited v The State [1986] PNGLR 167
By-laws and regulations – validity – regulatory
power – whether prohibitory power included – regulation
invalid - Radiocommunications Act.
Michael John Carter v Korobosea Developments Pty Ltd [1986]
PNGLR 157
Practice – Supreme Court – reservation of points
of law – National Court – where dependent on
disputed facts – reservation not appropriate – need
to advance or dispose of litigation – Supreme Court
Act (Ch No 37), s 15.
The Ship “Federal Huron” v Ok Tedi Mining
Ltd [1986] PNGLR 5
Shipping and navigation – admiralty jurisdiction – law
and practice for Papua New Guinea – Colonial Courts
of Admiralty Act 1890 (Imp) adopted and developed as underlying
law - adoption of pre-Independence laws - reception of
common law – “notwithstanding” revision
by statute – meaning and effect of – statutory
modifications excluded - Constitution, Schs 2.3, 2.4,
2.6(2).
Ume More v University of Papua New Guinea [1985] PNGLR
401
Enforcement proceedings under Constitution – basic
rights - relevant practice of civil law applicable. Representative
orders – when available – sanctions for anticipated
breach not available – National Court Rules, O 5,
r 13. Injunctions – availability of criminal sanctions – failure
to take any steps to invoke criminal sanctions.
Kevin Masive v Iambakey Okuk [1985] PNGLR 263
Parliament – elections – candidate’s
qualifications disputed – jurisdiction of National
Court before polling commenced – Organic Law on National
Elections – Constitution – right to stand
for election - right enforceable against candidate not
properly qualified.
Korobosea Developments Pty Ltd v Michael John Carter [1984]
Unreported
Constitution section 18 – interpretation of Constitution
- referral of question to Supreme Court – need to
determine facts – referral premature.
Public Employees Association v Public Service Commission
[1982] PNGLR 206
State Services – public servants – strike action – breach
of Public Service Act – nature of breach – disciplinary
offence only – not criminal offence – Public
Service Act, (Ch. No. 67), s.85 – Constitution
s.37(3).
Re James Allan Sannga Deceased [1983] PNGLR 142
Automatic citizen – absolute right to make statutory
will – limitations as to property that may be so
disposed of – customary land excepted – Wills,
Probate and Administration Act 1966 - Native Regulations
(Papua).
Papua New Guinea Air Pilots Association v Director of
Civil Aviation
[1983] PNGLR 1
Declaratory orders – locus standi of Air Pilots Association
to intervene between Director of Civil Aviation and Air
Niugini. Civil Aviation – regulation of air navigation – licensing
of aerodromes – safety requirements and standards – powers.
Gumanch Plantations Pty Limited v Thomas Kavali [1980]
Unreported, Miles J
Interlocutory injunction – principles – compulsory
acquisition of plantation - serious question – Anisminic
case – sufficiency of damages.
In the Matter of the Industrial Relations Act 1962 Between
Peter Lindsay Condon and the National Airline Commission
of Papua New Guinea
[1978] PNGLR 1
Industrial law – jurisdiction and power of industrial
tribunals – “industrial dispute” – retrospectivity
of award – termination of services – meaning
of expression “dispute arising from a contract of
employment the particulars of which are contested by either
party” – Industrial Relations Act 1962, s.27
- Industrial Organizations Act 1962, s.4.
Brian Michael Costello v Controller of Civil Aviation
(No. 2) [1977] PNGLR 476
Civil aviation – pilot’s licence – appeal
against refusal on ground that applicant by reason of colour
vision defect did not meet vision standards – failure
to prove requirements of medical standards met – Civil
Aviation (Interim Arrangements) Act 1973, Civil Aviation
Regulations 1975.