The Independent State of Papua New Guinea v Kubor Earthmoving (PNG) Pty Ltd [1985] PNGLR 448

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 20 December 1985
• Citation: [1985] PNGLR 448
• Court: Supreme Court
• Year: 1985
• Judgement Number: SC312

Full Title: The Independent State of Papua New Guinea v Kubor Earthmoving (PNG) Pty Ltd [1985] PNGLR 448

Supreme Court: Woods J

Judgment Delivered: 20 December 1985

PAPUA NEW GUINEA

[SUPREME COURT OF JUSTICE]

THE INDEPENDENT STATE OF PAPUA NEW GUINEA

V

KUBOR EARTHMOVING (PNG) PTY LTD

Waigani

Woods J

20 December 1985

APPEALS — Practice and procedure — Notice of objection to competency — Application for leave to file out of time — No power to extend time — Supreme Court Rules, O 7, r 14.

PRACTICE AND PROCEDURE — Extension of time in which to do an act — No power — Orders necessary to do justice — When appropriate Constitution, s 155 (4).

Held

(1) The Court may exercise its power under the Constitution, s 155 (4), to make whatever order it deems necessary to do justice, where the making of an appropriate order would avoid injustice; the power may not be used to avoid possible inconvenience.

(2) There being no power in the Court under the Supreme Court Rules to extend the time required to file a notice of objection to the competency of an appeal and no injustice to be avoided, no orders should be made to extend time.

Application

This was an application by the respondent to an appeal for leave to file a notice of objection to competency of the appeal outside the time limited by the Supreme Court Rules.

Counsel

D Lambu, for the respondent/appellant.

T Glen, for the applicant/respondent.

20 December 1985

INTERLOCUTORY JUDGMENT

WOODS J: I am being asked for directions which will result in the respondent being able to file a notice of objection to competency outside the period of fourteen days allowed by the Rules from the date on which the notice of appeal was served on the respondent: see Supreme Court Rules, O 7, r 14.

There is an affidavit on the file declaring that the notice of appeal was served on the lawyers...