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Cases
Administrative Law

Veve v Meketa [2023] PGNC 413; N10378

PRACTICE & PROCEDURE – JUDICIAL REVIEW & APPEALS – Originating Summons – Order 16 Rule 5 NCR – Appointment Interim Managing Director – Section 138 NEA Act – Section 4 (1) (a) & (b) & 5 (a) (b) (c) Regulatory Statutory Authority (Appointment of Certain Officers) Act 2004 Appointment of CEO of Regulatory Statutory Office – Application for – Certiorari – Declaration – Mandamus – Section 139 NEA Act Interim Positions –Allegation Breach of Appointment Procedures – Sufficient Interest – Public Service Age of Retirement Section 56 Public Services (Management) Act 1995 – Material relied insufficient – Balance Not Discharged – Judicial Review Refused – cost follow the Event.

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Twinza Oil (PNG) Ltd v Manau [2023] PGNC 189; N10236

PRACTICE & PROCEDURE – JUDICIAL REVIEW & APPEALS – Substantive Notice of Motion – Whether Director Exceeded Authority Under Section 54 (2) Oil & Gas Act 1998– Whether in asking for Additional Information Required of Plaintiff by Instrument pursuant to Section 54 (2) Oil & Gas Act 1998 Acted Ultra Vires – Whether Instrument issued pursuant to Section 54 (2) Exceeded Authority thereunder – Whether Judicial Review Lies – Evidence Process In Grant of Petroleum Development License – Process Started & In complete – No Decision – No Ultra Vires – No Excess of Authority – No Declaration – No Certiorari – No Judicial Review – Motion Refused – Cost Follow Event. PRACTICE & PROCEDURE – Judicial Review & appeals – Plaintiff Supplied Response to Instrument – Whether Section 54 (2) Oil & Gas Act 1998 Satisfied –Part of Process in Grant of Petroleum Development Licence Sections 53 (1), 54 (2), 56C – Whether Judicial Review Lies – Whether abuse of process – Notice of Motion First Defendant – Order 16 rule 13 (13) (2) (a) & Order 12 Rule 40 (1) (a) & (c) NCR – Whether Reasonable Cause of Action Disclosed – Abuse of Process – Balance discharged – Motion Granted – Proceedings Dismissed as abuse of Process – Costs Follow Event against the Plaintiff in Favour of Defendants.

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Bougainville Copper Ltd v Masono [2022] PGNC 506; N10031

PRACTICE & PROCEDURE – JUDICIAL REVIEW & APPEALS – Notice of Motion – 7th Defendant By – Order 1 Rule 15 & Order 12 Rule 8 (4) & Order 12 Rule 1 NCR – Leave Extension of Time From Prior Orders – Filing Further Affidavits Annexing Victorian Supreme Court Decision – Whether Serious Prejudice Whether any Further Filing Should be Refused – Whether Applicant has provided Good Reason – Whether Application Made Promptly – Balance Discharged Motion Granted – Costs in the Cause. PRACTICE & PROCEDURE – Judicial Review & appeals – Notice of Motion – Order 16 Rule 13 (13) (1) Order 12 Rule 1 NCR – Section 155 (4) Constitution – Leave to File Issue Notice to Admit Facts & Notice to Answer Interrogatories – Leave To File Further Affidavits – Competency of Motion – Jurisdiction – Whether Materials Sought to be Filed Hearsay – Whether Materials Already Filed in Court – Whether Application Promptly Filed – Settlement Endorsement of Statement of Agreed and Disputed Facts and Legal Issues For Trial – Balance Discharged – Motion 1 Refused Motion 2 granted – cost follow event.

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Himata v Warkia [2022] PGSC 32; SC2226

JUDICIAL REVIEW – Application under Order 10 – Supreme Court Rules – Appealing against part of the decision of the leave Court - leave Court refused leave to apply for judicial review, and in addition, made further orders – considerations – whether Order 16 of the National Court Rules confers exclusive jurisdiction for interlocutory applications filed in judicial review proceedings – whether Order 12 Rule 1 of the National Court Rules and s.155(4) of the Constitution are available as applicable sources – whether a leave Court, after refusing leave, has jurisdiction to grant relief or make orders for further conduct of the matter.

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Huon Logistics Ltd v Kekam Ltd [2024] PGNC 342; N11026

COMPANY LAW– authority to institute legal proceedings – board resolution to institute legal proceedings required - no plaintiff company board resolution authorising legal proceedings – proceedings dismissed in their entirety. TORT – claim for tort allegedly committed by defendant’s driver – vicarious liability.

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Tolopa v TST Development Ltd [2024] PGSC 56; SC2588

PRACTICE & PROCEDURE – Application for review – Constitution; s. 155 (2) (b) - Lease – Forfeiture – Notice to show cause – Corporation – Proper mode of service of a notice to show cause on a corporation – Land Act, 1996; ss. 122, 123, 124 & 169 – Companies Act, 1997; ss. 431 & 432 – Exercise of discretion by the Minister to forfeit – Whether proper in the circumstances.

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Tan Investment Ltd v Teo [2021] PGNC 191; N9029

NOTICE OF MOTION – application for interim restraining relief – Schedule 2.2(1) – Constitution – application to preserve assets and properties - Order 14 Rule 10 – National Court Rules - consideration – whether serious challenge to the application – whether the applicant has established the pre-requisites for granting interim restraining relief and for preservation of assets and properties – exercise of discretion

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Koitaki Plantations Ltd, In re [2020] PGNC 441; N8595

COMPANY LAW – liquidation - Application for termination of liquidation – s. 300(1) Companies Act 1997 – whether application seeking substantive relief can be made by way of a motion or through originating summons – application seeking substantive relief must be made through originating summons – only applications seeking interlocutory relief can be made through motion – applicant is seeking substantive relief through motion – application amounts to abuse of process – application dismissed - Order 4 Rules 4 and 49(9) National Court Rules.

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Inugu v Maru [2019] PGSC 83; SC1873

PRACTICE & PROCEDURE – Dismissal of proceedings for want of prosecution – alleged failure of Registrar to comply with National Court Rules – power of National Court to set aside ex parte orders – dismissal order sought and made irregularly – lack of notice of summary dismissal hearing – National Court Rules, Order 16 Rule 13 (13)(2)(c) – National Court Rules, Order 12 Rule 8(3) and (4).

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In re Powers, Functions, Duties and Responsibilities of the Commissioner of Police [2014] PGSC 19; SC1388

CONSTITUTIONAL LAW – disciplined forces – Police Force – Commissioner of Police – powers and functions of Commissioner to issue directions and orders to other members of Police Force – whether Commissioner can direct members as to law enforcement procedures: applying for and executing arrest warrants, laying, prosecuting, withdrawing criminal charges – Constitution, Sections 197, 198. NATIONAL JUDICIAL SYSTEM – District Courts – power to issue warrants of arrest – Arrest Act – whether warrant is a court order or administrative authorisation – whether Commissioner of Police can challenge issue of warrant of arrest that has been sought by another member of the Police Force. CONTEMPT OF COURT – whether Commissioner of Police bound to execute warrants of arrest – whether failure to execute or preventing execution of a warrant can amount to contempt of court – Constitution, Section 155(6). CONTEMPT OF COURT – contempt of District Court – whether punishable in National Court – Constitution, Sections 37(2), 155, 166, 172.

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Application by Namah [2020] PGSC 22; SC1934

PRACTICE AND PROCEDURE – objection to competency of proceedings commenced as application under Constitution, s 18(1) – whether applicant lacked authority to commence proceedings as Leader of the Opposition – whether applicant improperly amended application without leave of Court – whether application non-compliant with Supreme Court Rules 2012, Order 4, Rules 1 and 3 and Form 1 – whether application incorrectly entitled.

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Namah, Re [2020] PGSC 33; SC1946

PRACTICE AND PROCEDURE – objection to competency of proceedings commenced as application under Constitution, s 18(1) – whether applicant suspended from duty at time of making application – Organic Law on the Duties and Responsibilities of Leadership, s28 (suspension) – whether suspension of applicant affects competency of proceedings commenced in capacity as Leader of the Opposition.

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Kramer v O’Neill [2020] PGSC 93; SC2004

JUDGMENTS AND ORDERS – interlocutory declarations and orders –whether National Court can make declarations and orders substantive in nature prior to conclusion of proceedings – whether declarations and orders must have connection to cause of action– whether Constitution, s 155(4) authorises orders that do not relate to primary rights of parties. EVIDENCE – whether National Court can make substantive declarations and orders without conducting a formal hearing on evidence. CONSTITUTIONAL LAW – human rights – whether order of National Court controlling the use of social media by the Minister for Police and his followers and all members of the public was an infringement of the right to freedom of expression, Constitution, s 46. PARLIAMENT – privileges of members of the National Parliament – freedom of speech, debate and proceedings – whether the National Court can summon a member of the Parliament to appear before the Court to show cause why the member ought not be dealt with for contempt of court for statements reportedly made by the member on the floor of Parliament – Constitution, s 115.

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TST Development Ltd v Global Customs and Forwarding Ltd [2024] PGNC 158; N10815

BREACH OF CONTRACT – Contract for sale of land – purchase price K4,000,000 - 10% deposit of K400,000 paid as consideration - defendant granted access prior to completion – contract require ministerial approval – ministerial approval not granted – contract rescinded – notice to vacate issued – property not vacated – claim for breach of contract – claim for vacant possession, damages for trespass and mesne profit – claim for occupational fees – consideration – assessment of damages - ruling CROSS-CLAIM – Challenge on title – claim that contract for sale of land did not exist or was void on the basis that the plaintiff did not have title to the land at the material time the contract was signed – claim that property was purportedly forfeited on 28 August 2014 and later on 27 May 2017– claim to declare contract non-existent - claim for return of K400,000 deposit and various damages – consideration – ruling.

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Mineral Resources Development Co Ltd v Kakaraya [2024] PGSC 18; SC2549

DAMAGES – assessment of damages for breach of contract of employment – whether award of damages by National Court excessive – whether award of damages included items outside scope of contract. INTEREST – assessment of interest under Judicial Proceedings (Interest on Debt and Damages) Act 2015 – whether reasonable exercise of discretion by National Court to take into account four-year period between date judgment reserved and date judgment delivered. APPEALS – power of Supreme Court to give such judgment as ought to have been given in first instance – Supreme Court Act, s 16(c).

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Thomas v Bando [2024] PGSC 62; SC2593 (28 June 2024)

ELECTION PETITION – Section 208(e) of the Organic Law – no evidence that Petition lodged at the Registry of the National Court in Waigani – held as the Petition was not lodged – the meaning of “filed” in Section 208(e) of the Organic Law does not fall for determination. ELECTION PETITION – Two modes of filing petition – hand-delivery of petition to Registry – petition registered through CDS – petition uploaded – electronically filed through IECMS – National Court Election Petition (Miscellaneous Provisions) Rules – Rule 1.

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Kiso v Stucky [2023] PGSC 113; SC2461

OBJECTION TO COMPETENCY OF APPLICATION FOR LEAVE TO REVIEW –Order 7 Rules 15 and 17 – Supreme Court Rules as amended – preliminary issue – whether service of objection to competency of leave application effected in accordance with Order 7 Rule 15 – Supreme Court Rules as amended – consideration and ruling – considering objection and grounds – whether leave application is incompetent premised on non-compliance with Order 13 Rule 15, non-compliance with Order 5 Rule 10(c) and (f), and non- compliance with Order 5 Rule 11 – Supreme Court Rules as amended – consideration - ruling

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Kagl v Kora [2022] PGNC 537; N10046

HUMAN RIGHTS & LAND LAW– enforcement – trial on liability – forced demolition of houses of long-term occupiers of government land in urban centre – land subject to State Lease – eviction exercise conducted by Police Force – whether occupiers had valid interests in the land – whether reasonable notice given – whether actions of Police harsh and oppressive for purposes of Constitution, Section 41 – whether human rights of occupiers breached in eviction exercise.

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Yambaran Pausa Saka Ben Ltd v Kennedy [2021] PGNC 404; N9260

HUMAN RIGHTS – claim on behalf of employees and for damages to property - whether alleged breach of human rights were proven on the evidence. FRAUD – whether events have superseded necessity of claim. LEGITIMATE EXPECTATION – whether plaintiff had legitimate expectation-requirements considered.

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Mineral Resources Development Co Ltd v Kakaraya [2024] PGSC 18; SC2549

DAMAGES – assessment of damages for breach of contract of employment – whether award of damages by National Court excessive – whether award of damages included items outside scope of contract. INTEREST – assessment of interest under Judicial Proceedings (Interest on Debt and Damages) Act 2015 – whether reasonable exercise of discretion by National Court to take into account four-year period between date judgment reserved and date judgment delivered. APPEALS – power of Supreme Court to give such judgment as ought to have been given in first instance – Supreme Court Act, s 16(c).

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Tolopa v TST Development Ltd [2024] PGSC 56; SC2588

PRACTICE & PROCEDURE – Application for review – Constitution; s. 155 (2) (b) - Lease – Forfeiture – Notice to show cause – Corporation – Proper mode of service of a notice to show cause on a corporation – Land Act, 1996; ss. 122, 123, 124 & 169 – Companies Act, 1997; ss. 431 & 432 – Exercise of discretion by the Minister to forfeit – Whether proper in the circumstances.

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Delta Corporation Ltd v National Superannuation Fund Ltd [2024] PGSC 58; SC2587

APPLICATION FOR LEAVE TO APPEAL – Application for leave to appeal against an interlocutory ruling of a judicial review proceeding – Application for leave made under s.14(3)(b) of the Supreme Court Act Chapter No.37 and Order 10 Rules 1(b) and 5 of the Supreme Court Rules 2012 (as amended to date) - Application for leave initially heard and refused by single Judge of the Supreme Court exercising his power– s.10(1)(a), Supreme Court Act Chapter No. 37 - Applicant requests for application for leave to appeal to be heard by the full Court de novo – s.10(2), Supreme Court Act Chapter No. 37 – Order 11 Rule 27 – Supreme Court Rules 2012 (as amended) - whether there are sufficient ground(s) to allow leave to appeal – consideration – ruling. PRACTICE AND PROCEDURE – Objection to competency raised as an issue without a formal application – whether the Court may consider the objection at the leave stage – consideration – ruling.

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TST Development Ltd v Global Customs and Forwarding Ltd [2024] PGNC 158; N10815

BREACH OF CONTRACT – Contract for sale of land – purchase price K4,000,000 - 10% deposit of K400,000 paid as consideration - defendant granted access prior to completion – contract require ministerial approval – ministerial approval not granted – contract rescinded – notice to vacate issued – property not vacated – claim for breach of contract – claim for vacant possession, damages for trespass and mesne profit – claim for occupational fees – consideration – assessment of damages - ruling CROSS-CLAIM – Challenge on title – claim that contract for sale of land did not exist or was void on the basis that the plaintiff did not have title to the land at the material time the contract was signed – claim that property was purportedly forfeited on 28 August 2014 and later on 27 May 2017– claim to declare contract non-existent - claim for return of K400,000 deposit and various damages – consideration – ruling.

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Kagl v Kora [2022] PGNC 537; N10046

HUMAN RIGHTS & LAND LAW– enforcement – trial on liability – forced demolition of houses of long-term occupiers of government land in urban centre – land subject to State Lease – eviction exercise conducted by Police Force – whether occupiers had valid interests in the land – whether reasonable notice given – whether actions of Police harsh and oppressive for purposes of Constitution, Section 41 – whether human rights of occupiers breached in eviction exercise.

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Lakari v Sinai [2023] PGNC 367; N10535

PARLIAMENT – supplementary Election – variation of polling places – Whether National Court has jurisdiction to vary polling places – Organic Law on National and Local-Level Government Elections, ss 43, 114, 115. Practice and Procedure - application to dismiss for non-disclosure of a reasonable cause of action or abuse of process – National Court Rules, Order 12 Rule 40.

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Kapili v Wailyo [2023] PGNC 446; N10592

PARLIAMENT – supplementary Election – appointment of counting centres – appointment by Returning Officer – Whether counting centre was appointed – whether Electoral Commissioner has power to over-ride decision of Returning Officer – power of delegation by Electoral Commissioner – whether the Electoral Commissioner has power to over-ride decision of a Returning Officer - whether the National Court has jurisdiction to intervene in counting process of an election – Constitution, s 126(3), Sch. 1.10; Organic Law on National and Local-Level Government Elections, ss 18(3), 19(1), 148. PRACTICE AND PROCEDURE - application to dismiss for non-disclosure of a reasonable cause of action or abuse of process – National Court Rules, Order 12 Rule 40.

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Thomas v Bando [2023] PGNC 126; N10335

ELECTION PETITION – Objection to competency – filed meaning of pursuant to s208 (e) Organic Law – hand delivery of petition & uploading on IECMS done within 40-day time frame – lodging, endorsing & allocating petition number done outside 40-day timeframe – not permitted by s208 (e) – petition incompetent. PRACTICE AND PROCEDURE - Objection to competency - security deposit paid prior to filing of petition – not permitted by s 209 – Rule 7 best guide on security deposit for practical purposes – objection to competency made out.

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Ibo v Hagahuno [2023] PGNC 132; N10322

ELECTION PETITION – Objection to Competency – non-compliance with mandatory requirements of s. 209 of the Organic Law on National and Local Level Government Elections – deposit for security for cost paid to National Court Registrar’s Trust Account prior to filing of the petition – objection upheld – petition dismissed with cost.

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Twinza Oil (PNG) Ltd v Manau [2023] PGNC 189; N10236

PRACTICE & PROCEDURE – JUDICIAL REVIEW & APPEALS – Substantive Notice of Motion – Whether Director Exceeded Authority Under Section 54 (2) Oil & Gas Act 1998– Whether in asking for Additional Information Required of Plaintiff by Instrument pursuant to Section 54 (2) Oil & Gas Act 1998 Acted Ultra Vires – Whether Instrument issued pursuant to Section 54 (2) Exceeded Authority thereunder – Whether Judicial Review Lies – Evidence Process In Grant of Petroleum Development License – Process Started & In complete – No Decision – No Ultra Vires – No Excess of Authority – No Declaration – No Certiorari – No Judicial Review – Motion Refused – Cost Follow Event. PRACTICE & PROCEDURE – Judicial Review & appeals – Plaintiff Supplied Response to Instrument – Whether Section 54 (2) Oil & Gas Act 1998 Satisfied –Part of Process in Grant of Petroleum Development Licence Sections 53 (1), 54 (2), 56C – Whether Judicial Review Lies – Whether abuse of process – Notice of Motion First Defendant – Order 16 rule 13 (13) (2) (a) & Order 12 Rule 40 (1) (a) & (c) NCR – Whether Reasonable Cause of Action Disclosed – Abuse of Process – Balance discharged – Motion Granted – Proceedings Dismissed as abuse of Process – Costs Follow Event against the Plaintiff in Favour of Defendants.

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Sisimolu v Kaia [2024] PGSC 1; SC2525

PRACTICE AND PROCEDURE – application to dismiss proceeding – power of the Court – National Court Rules, Order 4 Rule 49(8) – requirement to cite concise jurisdiction of the Court – whether s. 5 of the Claims By and Against the State Act 1996 is the correct jurisdiction to grant the relief sought. STATUTORY INTERPRETATION – Claims By and Against the State Act 1996, s. 5 – meaning of “claim” – general principles of statutory interpretation – Constitution, s. 109(4) – fair and liberal meaning to be given – whether “claim” under s. 5 of the Act means and include all other types of civil claims. PRINCIPLES OF NATURAL JUSTICE – right to be heard – Constitution, s. 59 – minimum duty to act fairly – whether the appellants were denied the right to be heard before the order for dismissal of proceedings was made. PRACTICE – Power to dispense with strict compliance – Effect of non-compliance with rules. Relevant considerations – Sincerity of parties – National Court Rules, O, rr7,8,9. STATUTORY INTERPRETATION – Interpretation of ss 1, 2 of Claims by and Against the State – use of “claim”. APPEAL – s. 5 Notice Claims By and Against the State Act (Claims Act) – whether notice is required for all claims against the State – notice is only required for those claims involving monetary considerations – s.2 (1) Claims Act specifies types of claims requiring s. 5 notice – application seeking equitable relief (injunctive relief and declaratory orders) do not require notice the Claims Act – SUPREME COURT – PRACTICE & PROCEDURE – Discretion to deal with issues of non-compliance with the Rules – Requirement to state the concise jurisdictional basis to grant the relief sought – Order 12 Rule 40 NCR – Breaches of Order 4 Rules 40(1) and 49(8) NCR and Rule 8 of the Motion (Amendment) Rules 2005.

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National Capital District Commission v Internal Revenue Commission [2022] PGNC 133; N9592

DIRECTIONS HEARING – STATUTORY INTERPRETATION – Query by the Court on its own volition based on unsettling issue concerning representation by the plaintiff – s 7(i) of the Attorney-General Act 1989 – whether plaintiff is the “State” and therefore requires permission from the Attorney General to act to sue or defend itself in a matter. PRACTICE AND PROCEDURE – STATUTORY INTERPRETATION – Definition of ‘State’ – whether definition unequivocal under the Constitution or the laws of Papua New Guinea – consideration – s 1 and Schedule 1.2 of the Constitution – s 2 and s 3 of the Interpretation Act 1990. PRACTICE AND PROCEDURE – STATUTORY INTERPRETATION– ‘State” or ‘Independent State of Papua New Guinea’ as a legal person – s.247 of the Constitution – State” or ‘Independent State of Papua New Guinea’ capable or having the capacity to acquire and dispose assets, sue, and be sued.

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Taman v Samson [2021] PGSC 72; SC2148

APPLICATION TO DISMISS – Order 11 Rule 28(b) and Order 7 Rule 48(a) of the Supreme Court Rules – reasons – failure to file substantive review application within 21 days of grant of leave and delay of 13 months – Order 5 Rule 1 and Order 7 Rule 6 – Supreme Court Rules - effect of a review that is filed outside of the mandatory period of 21 days without seeking extension of time – whether default fatal to the review – whether matter concerning competency may be raised – competency issue based on Court’s own volition – failure to file review within the time granted by the leave Court – no extension sought within the 21 days period – effect – no review appeal pending or exist –application to dismiss cannot or does not arise - review incompetent

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Delta Corporation Ltd v National Superannuation Fund Ltd [2024] PGSC 58; SC2587

APPLICATION FOR LEAVE TO APPEAL – Application for leave to appeal against an interlocutory ruling of a judicial review proceeding – Application for leave made under s.14(3)(b) of the Supreme Court Act Chapter No.37 and Order 10 Rules 1(b) and 5 of the Supreme Court Rules 2012 (as amended to date) - Application for leave initially heard and refused by single Judge of the Supreme Court exercising his power– s.10(1)(a), Supreme Court Act Chapter No. 37 - Applicant requests for application for leave to appeal to be heard by the full Court de novo – s.10(2), Supreme Court Act Chapter No. 37 – Order 11 Rule 27 – Supreme Court Rules 2012 (as amended) - whether there are sufficient ground(s) to allow leave to appeal – consideration – ruling. PRACTICE AND PROCEDURE – Objection to competency raised as an issue without a formal application – whether the Court may consider the objection at the leave stage – consideration – ruling.

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Tolopa v TST Development Ltd [2024] PGSC 56; SC2588

PRACTICE & PROCEDURE – Application for review – Constitution; s. 155 (2) (b) - Lease – Forfeiture – Notice to show cause – Corporation – Proper mode of service of a notice to show cause on a corporation – Land Act, 1996; ss. 122, 123, 124 & 169 – Companies Act, 1997; ss. 431 & 432 – Exercise of discretion by the Minister to forfeit – Whether proper in the circumstances.

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Sisimolu v Kaia [2024] PGSC 1; SC2525

PRACTICE AND PROCEDURE – application to dismiss proceeding – power of the Court – National Court Rules, Order 4 Rule 49(8) – requirement to cite concise jurisdiction of the Court – whether s. 5 of the Claims By and Against the State Act 1996 is the correct jurisdiction to grant the relief sought. STATUTORY INTERPRETATION – Claims By and Against the State Act 1996, s. 5 – meaning of “claim” – general principles of statutory interpretation – Constitution, s. 109(4) – fair and liberal meaning to be given – whether “claim” under s. 5 of the Act means and include all other types of civil claims. PRINCIPLES OF NATURAL JUSTICE – right to be heard – Constitution, s. 59 – minimum duty to act fairly – whether the appellants were denied the right to be heard before the order for dismissal of proceedings was made. PRACTICE – Power to dispense with strict compliance – Effect of non-compliance with rules. Relevant considerations – Sincerity of parties – National Court Rules, O, rr7,8,9. STATUTORY INTERPRETATION – Interpretation of ss 1, 2 of Claims by and Against the State – use of “claim”. APPEAL – s. 5 Notice Claims By and Against the State Act (Claims Act) – whether notice is required for all claims against the State – notice is only required for those claims involving monetary considerations – s.2 (1) Claims Act specifies types of claims requiring s. 5 notice – application seeking equitable relief (injunctive relief and declaratory orders) do not require notice the Claims Act – SUPREME COURT – PRACTICE & PROCEDURE – Discretion to deal with issues of non-compliance with the Rules – Requirement to state the concise jurisdictional basis to grant the relief sought – Order 12 Rule 40 NCR – Breaches of Order 4 Rules 40(1) and 49(8) NCR and Rule 8 of the Motion (Amendment) Rules 2005.

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Application by Hon Peter O’Neill MP [2023] PGSC 160; SC2506

SUPREME COURT – practice and procedure – applications under Constitution, s 18(1) – whether Court should hear and determine arguments on objections to competency after Court declares that the applicant has standing. CONSTITUTIONAL LAW – whether notice of date of first meeting of the Parliament after general election was published in breach of Constitution, s 124(1) or Organic Law on the Calling of Meetings of the Parliament, s 1(1) – whether first meeting of Parliament at which Prime Minister was elected was unconstitutional. CONSTITUTIONAL LAW – election of Prime Minister in accordance with procedure in Organic Law on the Integrity of Political Parties and Candidates, s 63 – whether s 63 unconstitutional due to restrictions on exercise of rights of members of the Parliament under Constitution, s 50(1) – whether election of Prime Minister unconstitutional. REMEDIES – whether Court should declare that election of Prime Minister is null and void due to it taking place at an unconstitutional meeting of the Parliament or in accordance with an unconstitutional provision of an Organic Law and for the applicant not specifically pleading and seeking that relief.

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Huon Logistics Ltd v Kekam Ltd [2024] PGNC 342; N11026

COMPANY LAW– authority to institute legal proceedings – board resolution to institute legal proceedings required - no plaintiff company board resolution authorising legal proceedings – proceedings dismissed in their entirety. TORT – claim for tort allegedly committed by defendant’s driver – vicarious liability.

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John v Motor Vehicle Insurance Ltd [2022] PGNC 400; N9973

TORT - PERSONAL INJURIES - motor vehicle injury - collision of public motor vehicles (buses) - claim against the Motor Vehicle Insurance Trust Limited as the successor company – no evidence to prove negligence. PLEADINGS – material facts not pleaded - primary evidence not properly before the court - reliance on hearsay evidence – inadmissibility of evidence.

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Yambaran Pausa Saka Ben Ltd v Kennedy [2021] PGNC 404; N9260

HUMAN RIGHTS – claim on behalf of employees and for damages to property - whether alleged breach of human rights were proven on the evidence. FRAUD – whether events have superseded necessity of claim. LEGITIMATE EXPECTATION – whether plaintiff had legitimate expectation-requirements considered.

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Windi v University of Papua New Guinea [2020] PGSC 69; SC1979

SUPREME COURT – Appeal against discretionary judgment – Refusal of leave to file defence out of time – Principles relevant to exercise of discretion – Explanation for default – Delay – Explanation for delay – Defence on merit – Interest of justice CIVIL – Fraud – Two titles to property – Competing titles – Authenticity and validity of title – Natural justice – Right to be heard – Constitution – Section 59.

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