Ainea Sengero v Luther Wenge—Governor Morobe Provincial Government and Soiat Williams—Secretary Department of Personnel Management (2001) N2152
| Jurisdiction | Papua New Guinea |
| Court | National Court |
| Citation | (2001) N2152 |
| Date | 06 August 2001 |
| Year | 2001 |
Full Title: Ainea Sengero v Luther Wenge—Governor Morobe Provincial Government and Soiat Williams—Secretary Department of Personnel Management (2001) N2152
National Court: Injia J
Judgment Delivered: 6 August 2001
1 Civil—Costs—Discontinuance of proceedings by plaintiff, by leave—Whether Successful defendant should pay unsuccessful plaintiff's costs—Principles discussed—National Court Rules, O22 r11.
2 Ritter v Godfrey [1920] 1 KB 47 and PNG Coffee Industry Board v Panga Coffee Factory Pty Ltd [1990] PNGLR 363 referred to
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Injia J: The plaintiff is the former Administrator of the Morobe Provincial Government. On 5 September 2000, he filed an Originating Summons seeking orders inter alia, a declaration that his suspension or purported suspension by the First Defendant, ("Governor") is illegal and invalid.
On 13 July 2001, I had before me two motions. The first motion was the plaintiff's motion seeking leave to discontinue the proceedings and seeking orders for costs. The second motion was from the defendants seeking orders dismissing the proceedings and costs. I dealt with the plaintiff motion first because it was filed first in time. I granted leave to the plaintiff to discontinue the proceedings. The reason for the discontinuance was that the relief sought in the Originating Summons was no longer available because the plaintiff's employment was terminated by the National Executive Council ("NEC") on 6 April 2001. This in turn extinguished the defendant's motion. But the plaintiff applied for his costs to be paid by the defendant and the defendants moved for their costs to be paid by their plaintiff.
O8 r61(2) of the National Court Rules allows a plaintiff to discontinue proceedings...
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SC REV. NO. 4 OF 2009; Application under s155 (2) (B) of the Constitution In Re Part XVIII of the Organic Law on National and Local Level Government Elections; Kala Rawali, Provincial Returning Officer and Electoral Commission of Papua New Guinea v Paias Wingti and Tom Olga (2009) SC1033; SC REV. NO. 5 OF 2009; Application Under s155 (2) (B) of the Constitution in Re Part XVIII of the Organic Law on National and Local Level Government Elections; Tom Olga v Paias Wingti and Kala Rawali, Provincial Returning Officer and Electoral Commission of Papua New Guinea (2009) SC1033
...party bear their own costs – O7 Div.6 (rr19 – 22) Supreme Court Rules Cases Cited: Papua New Guinea cases Ainea Sengero v Luther Wenge (2001) N2152 Polye v Sauk (2000) SC 651 Overseas Cases: Ritter v Godfrey [1920] K.B. 47 Counsel: D Steven, for the appellants K Kawat, for the First Respond......
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Air Traffic Controllers Association & Ors v Civil Aviation Authority & Ors (2009) SC1031
...party bear their own costs—O7 Div.6 (r19 — r22) Supreme Court Rules Cases Cited: Papua New Guinea cases Ainea Sengero v Luther Wenge (2001) N2152; Don Pomb Polye v Jimson Sauk Papaki [2000] PNGLR 166 Overseas Cases: Ritter v Godfrey [1920] K.B. 47 1. INJIA, CJ: On 27th March 2009, this Cour......
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SC REV. NO. 4 OF 2009; Application under s155 (2) (B) of the Constitution In Re Part XVIII of the Organic Law on National and Local Level Government Elections; Kala Rawali, Provincial Returning Officer and Electoral Commission of Papua New Guinea v Paias Wingti and Tom Olga (2009) SC1033; SC REV. NO. 5 OF 2009; Application Under s155 (2) (B) of the Constitution in Re Part XVIII of the Organic Law on National and Local Level Government Elections; Tom Olga v Paias Wingti and Kala Rawali, Provincial Returning Officer and Electoral Commission of Papua New Guinea (2009) SC1033
...party bear their own costs – O7 Div.6 (rr19 – 22) Supreme Court Rules Cases Cited: Papua New Guinea cases Ainea Sengero v Luther Wenge (2001) N2152 Polye v Sauk (2000) SC 651 Overseas Cases: Ritter v Godfrey [1920] K.B. 47 Counsel: D Steven, for the appellants K Kawat, for the First Respond......
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Air Traffic Controllers Association & Ors v Civil Aviation Authority & Ors (2009) SC1031
...party bear their own costs—O7 Div.6 (r19 — r22) Supreme Court Rules Cases Cited: Papua New Guinea cases Ainea Sengero v Luther Wenge (2001) N2152; Don Pomb Polye v Jimson Sauk Papaki [2000] PNGLR 166 Overseas Cases: Ritter v Godfrey [1920] K.B. 47 1. INJIA, CJ: On 27th March 2009, this Cour......