Application for Judicial Review Pursuant to s155(4) of The Constitution; Application for Judicial Review Pursuant to Order 16 (3) of The National Court Rules; In The Matter of National Land Registration Act (Ch357); The Independent State of Papua New Guinea v National Land Commission, Natanias Marum, Presiding as The National Land Commission, John Yamai as Landowner of UAL2 Part Mount Hagen Township, Western Highlands Province and Thaddeus Kambanei, Secretary for Department of Finance (2004) N2918

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 17 December 2004
• Citation: (2004) N2918
• Docket Number: OS 620, 646, 651, 652 and 714 of 2004
• Year: 2004

Full Title: OS 620, 646, 651, 652 and 714 of 2004; Application for Judicial Review Pursuant to s155(4) of The Constitution; Application for Judicial Review Pursuant to Order 16 (3) of The National Court Rules; In The Matter of National Land Registration Act (Ch357); The Independent State of Papua New Guinea v National Land Commission, Natanias Marum, Presiding as The National Land Commission, John Yamai as Landowner of UAL2 Part Mount Hagen Township, Western Highlands Province and Thaddeus Kambanei, Secretary for Department of Finance (2004) N2918

National Court: Sawong J

Judgment Delivered: 17 December 2004

1 ADMINISTRATIVE LAW—Practice and Procedure—Application for Leave for judicial review—Discretion—Grounds for exercise of—National Court Rules, O16 r2, r3, r4.

2 NTN Pty Limited v The Board & Telecommunication Corporation & Media Nuigini Pty Limited [1987] PNGLR p. 70, Arowe Logging Pty Limited v Thomas Korikio & 30 Ors The Independent State of Papua New Guinea & The Minister for Forest [1988–89] PNGLR 216, Internal Revenue Commissioner v Employers Federation of Self Employed & Small Business Limited (1982) AC 617 at 644, Manjin v PTC [1990] PNGLR 288, Diro v Ombudsman Commission [1991] PNGLR 153, Nangi Clan [1995] PNGLR 13, Isidore Kaseng & Ors v Fly River Provincial Government, The State & Ors (Unreported and Unnumbered National Court Judgment) dated 20th November, 2004, Mauga Logging Co Pty Ltd v South Pacific Oil Palm Development Pty Ltd (No 1) [1977] PNGLR 80, Employers Federation of Papua New Guinea v PNG Waterside Workers &, Seamens' Union & Ors (1982) N393, Public Employees Association of PNG v Napoleon Liosi & Public Services, Commission [1988–89] PNGLR 585, Robinson v National Airlines Commission [1983] PNGLR 476 referred to

Decision

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Sawong J: This ruling covers the applications for leave for judicial review in OS 620 of 2004, OS 646 of 2004, OS 652 of 2004, OS 651 of 2004 and OS 714 of 2004. These were applications for leave for judicial review pursuant to O16, r3(3) of the National Court Rules and were made pursuant to the Notice of Motion filed on 9 November 2004 and for interim interlocutory injunctive orders.

Background

1. OS 620 of 2004

Here the applicant applies for leave to this court to review the decision of the National Land Commission (the Commission) made on 3 August 2001 where the said Commission awarded the sum of K7 million to the third respondent, (John Yamai), as land settlement payment for the land described as Unregistered Administration Land (UAL) 2 which forms part of Mt Hagen township in the Western Highlands Province. In conjunction with the leave application, the applicant also seeks interim restraining orders against the Secretary for Finance not to pay any money to the third respondent pursuant to the orders made by the Commissioner.

The facts of the case are not complicated. They come from the evidence contained in the affidavit of Mr Luke Kawago the acting Deputy Commissioner, National Lands Commission, sworn on 20 October 2004 and filed on 9 November 2004, the affidavit of the Attorney General, Mr Francis Damem dated 1st November 2004 and filed on the 9 November 2004, and the affidavit of Mr Jack Nalavaku dated 22 October 2004 and filed on 9 November, 2004. From the evidence the following facts emerge.

· 27 March 1980, the Minister for Lands in National Gazette No. G28 declared various lands comprising 434 hectares including UAL 2 as National Land. The third respondent then lodged his application for settlement payment pursuant to s39 of the National Land Registration Act on 6 November, 1980.

· On 9 September 1983, the National Land Commission made an award for K3,175.00. He further recommended that it be increased by 50% to K4,762.50.

· The third respondent was not satisfied with this award so requested the amount to be increased.

· 3 August...