Application of Evangelical Lutheran Church of Papua New Guinea by Evangelical Lutheran Church of Papua New Guinea Superannuation Fund

• Jurisdiction: Papua New Guinea
• Judge: Sevua J
• Judgment Date: 10 April 1995
• Citation: [1995] PNGLR 276
• Court: National Court
• Year: 1995
• Judgement Number: N1317

National Court: Sevua J

Judgment Delivered: 10 April 1995

N1317

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

OS 100 OF 1995

THE APPLICATION OF EVANGELICAL LUTHERAN CHURCH OF PAPUA NEW GUINEA BY EVANGELICAL LUTHERAN CHURCH OF PAPUA NEW GUINEA SUPERANNUATION FUND.

Lae

Sevua J

24 March 1995

10 April 1995

PRACTICE AND PROCEDURE — Prerogative Writs — Certiorari — Application for — Ex parte application for leave to apply for judicial review — Discretionary matter — Delay of eleven and a half months — Applicant with vast commercial and financial resources and easy access to court and legal services — No explanation for delay — Undue delay — Leave refused.

PRACTICE AND PROCEDURE — Undue delay of Finance Minister to respond to applicant's request — Leave for judicial review refused.

Facts

The applicant sought leave for judicial review of:

(1) the failure of the Minister of Finance to consider its application for an exemption from provisions of the National Provident Fund Act; and

(2) The decision of the trustees of the National Provident Fund to reject its petition for exemption.

The Court found that there was undue delay on the part of the applicant to seek relief against the order of the Trustees.

Held

Leave should be refused in circumstances where leave to make the application for judicial review is made eleven and a half months late, amounting to undue delay, and the applicant had failed to explain the delay.

Cases Cited

Ex Parte Application of Eric Gurupa, (1990) unreported N 856.

NTN Pty Ltd v Board of Post & Telecommunication & Ors [1987] PNGLR 70.

Simon Manjin v Post & Telecommunication & Ors., (1990) unreported N 887.

Counsel

P Ousi, for applicant.

10 April 1995

SEVUA J: The applicant seeks leave for orders for judicial review of:

1. The failure of the Minister for Finance to consider an application filed by the Evangelical Lutheran Church of Papua New Guinea Superannuation Fund for an exemption from the provisions of the National Provident Fund Act; and

2. The decision of the Board of Trustees of the National Provident Fund of Papua New Guinea to reject the petition filed in October, 1993 by the Evangelical Church of Papua New Guinea Superannuation Fund.

And an order to stay the proceedings WS 404 of 1993, pending the outcome of these proceedings; and

Such other order as the Court deems fit.

This is an ex parte application for leave for judicial review in which the applicant relied on the affidavit of one Joseph Inara, Executive Director of Kambang Holdings Limited, sworn on 1 March 1995.

The facts are these. On 7 January 1978, the Evangelical Lutheran Church of Papua New Guinea, (which I shall refer to as "the Church"), established a superannuation fund called the Evangelical Lutheran Church of Papua New Guinea Superannuation Fund. It was also known as the 'Sios Wokman Ritaia Fan.' The Church was advised by the National Provident Fund (the Fund) in writing on 10 September 1992 of the fund's existence. The fund also requested the Church to complete a standard form and return it to the fund to determine eligibility by the church.

Previously, on 29 August 1991 the Church had applied for exemption under s 42 of the National Provident...