OS 546 OF 2004; Jerry Luru v Pepi Kimas the Secretary Lands & Physical Planning Department and The Independent State of Papua New Guinea and Paga No. 36 Limited (2007)

• Jurisdiction: Papua New Guinea
• Judge: Hartshorn , J.
• Judgment Date: 31 May 2007
• Year: 2007
• Court: National Court
• Citation: (2007)

Full Title: OS 546 OF 2004; Jerry Luru v Pepi Kimas the Secretary Lands & Physical Planning Department and The Independent State of Papua New Guinea and Paga No. 36 Limited (2007)

National Court: Hartshorn , J.

Judgment Delivered: 31 May 2007

JUDICIAL REVIEW - Leave for Judicial Review—Arguable case—Delay

Cases cited:

Pora v. Leadership Tribunal [1997] PNGLR 1; Inland Revenue Commissioners v. National Federation of Self-Employed and Small Businesses Ltd [1982] AC 617; Ila Geno & Ors v. The Independent State of Papua New Guinea [1993] PNGLR 22; Ex parte application of Eric Gurupa N856; Pipoi v. Seravo, National Minister for Lands N2120: application of Evangelical Lutheran Church [1995] PNGLR 276; NTN Pty Ltd. v. PTC & Ors [1987] PNGLR 70.

31 May, 2007

1. HARTSHORN, J: The Plaintiff (Mr. Luru) by motion filed on 5th May 2007 seeks orders that leave be granted to apply for orders in the nature of mandamus and other orders including a declaration by way of Judicial Review under O18 r1 National Court Rules. The substantive orders and declaration sought are set out in Clauses 2-5 of the amended originating summons dated 16 June 2005 and are:

“(2) A declaration that the Lease Grant for Land described as Portion 2127 Milinch, Granville, Fourmil, Moresby, NCD, made to the Plaintiff by the Land Board in its meeting no. 2012, and Gazette No. 192, dated 23rd December, 1999 is valid and is still current.

3 An Order in the nature of mandamus in that the First Respondent be ordered and directed to process and issue the Letter of Grant (LG) together with the Lease Agreement Form (LAF) to the Plaintiff, in accordance with section 74 and 75 of the Land Act 1996 within 14 days as of the date of service of this order.

4 An order that the Defendants shall give Plaintiff sufficient opportunity to comply with the terms and conditions of the Lease Grant and other requirements under the Land Act because of the delay in issuing the Letter of Grant and Lease Acceptance Form.

5 That the Defendants shall pay the Plaintiffs cost of and incidental to this matter since 23rd December, 1999 up to now, if not agreed to be assessed.”

2. The application for leave is made pursuant to an order of this Court dated 18th January 2007 requiring the Plaintiff to do so. The Plaintiff had successfully applied for leave to Judicially Review in these proceedings, but then amended its originating summons to seek orders in the nature of mandamus in respect of a different administrative act.

3. The administrative act that is now the subject of Mr. Luru’s proceeding is the purported decision of the Land Board made on 23rd December 1999 that Mr.Luru was a successful applicant for a state lease for land described as Portion 2127 Granville (the Land). Mr. Luru seeks to review the purported failure of the Secretary for Lands and the State to implement that decision by failing to issue to him a Letter of Grant and the Lease Application Form under s.75 Land Act.

4. An application for leave for Judicial Review involves the exercise of...