Consort Express Lines Limited v Winnie Namane (2001) N2147

• Jurisdiction: Papua New Guinea
• Citation: (2001) N2147
• Date: 10 November 2001
• Court: National Court
• Year: 2001

Full Title: Consort Express Lines Limited v Winnie Namane (2001) N2147

National Court: Injia J

Judgment Delivered: 10 November 2001

1 Practice and Procedure—Magistrates–Disqualification for Bias—Grounds—Complainant's wife communicated with Magistrate hearing case—Case decided in favour of complainant—Ground of appeal alleging bias—Magistrate described ground of appeal as "totally absurd", intolerable and "Stupid"—"Reasonable suspicion of bias" occurred—Appeal allowed—Rehearing ordered.

2 R v Altrincham Justices; Ex parte Pennington [1975] 2 All ER 78, Ex parte Topping [1983] 1 WLR 119; [1983] All ER 490, Thomas Kavali v Thomas Hoihoi [1984] PNGLR 182, Fidelis Agai v Buckly Yarume [1987] PNGLR 124, R v Liverpool City Justices; Ex parte Topping [1983] 1 WLR 119, Kwame Okyere Boateng v The State [1990] PNGLR 342 and John Mua Nilkare v Ombudsman Commission [1996] PNGLR 333 referred to

___________________________

Injia J: This is an appeal against a decision of the District Court held at Lae on 29 March 1999 whereby the Court awarded K2,008.70 in damages plus 8% interest and costs of K160.72, to the respondent.

The Notice of Appeal as amended by order of this Court on 14 May 1999 states 8 grounds of appeal. Seven of the grounds relate to procedural and substantive issues on liability and quantum of damages. The eighth ground, ground (h), relates to issue of disqualification for bias on the part of the Magistrate. As the fate of this last ground can affect the validity of the entire decision to which the other 7 grounds of appeal relate, I will determine ground (h) first. Ground (h) states:

"The learned Magistrate erred in law and in fact in . . . not disqualify himself when the Magistrate acknowledged receiving a call from the Respondent's wife who work at the Goroka District Court to make a ruling in favour of the...