Central Pomio Logging Corporation Pty Ltd v The Independent State of Papua New Guinea and Others [1990] PNGLR 195

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: [1990] PNGLR 195
• Date: 01 June 1990
• Year: 1990

Full Title: Central Pomio Logging Corporation Pty Ltd v The Independent State of Papua New Guinea and Others [1990] PNGLR 195

National Court: Kapi DCJ

Judgment Delivered: 1 June 1990

1 Practice—National Court—judicial review

2 ADMINISTRATIVE LAW—Judicial review of administrative acts—Application for leave—Where statutory remedies pursued—Remedies not alternative—Judicial review not available—Customs Act (Ch101), s178.

3 CUSTOMS—Customs control—Clearance of goods for export—Dispute as to—Dispute referred to Comptroller of Customs—Same dispute cannot be subject of judicial review—Customs Act (Ch101), s178.

The Customs Act (Ch101), s178, provides:

"(1) If a dispute as to a matter not involving a contravention of this Act arises under this Act or in relation to the customs, the matter may, at the request of the persons interested, be referred to the Comptroller for decision and the Comptroller may, in such manner as he thinks proper, inform himself as to the circumstances, and determine the matter.

(2) A determination by the Comptroller under Subsection (1) is final."

Held:

Where an interested person opts to refer a matter to the Comptroller of Customs under s178 of the Customs Act, he cannot also seek to challenge the decision by way of judicial review.

Kekedo v Burns Philp (PNG) Ltd [1988–89] PNGLR 122, applied.

Kekedo v Burns Philp (PNG) Ltd [1988–89] PNGLR 122, NCDIC v Bogibada Holdings Pty Ltd [1987] PNGLR 135 and Rundle v MVIT [1988] PNGLR 20 referred to

Application for judicial review

This was an application for judicial review pursuant to the National Court Rules, O16.

___________________________

Kapi DCJ: This is an application for judicial review pursuant to O16 of the National Court Rules. The leave for review was granted by Kidu CJ on 15 May 1990.

Pursuant to O16, r5 of the National Court Rules the applicant has applied for judicial review by notice of motion. Several orders were sought in the notice of motion but during the course of the hearing of this matter, the application has been reduced to seeking the following orders:

(1) An order by way of mandamus directed to the second defendant to consider according to law an application by the plaintiff for approval and or clearance of an export entry for export of a certain parcel of logs on board the MV No 3 Kendari from Rabaul.

(2) An order by way of declaration that the plaintiff has complied with all lawful requirements of timber permits TP15–16 and the laws of Papua New Guinea in and about the harvesting and export of a certain parcel of logs on the MV No 3 Kendari for shipment on 27 April 1990.

(3) An order by way of declaration that upon the plaintiff having paid or tendered to the Provincial Forests Officer at Rabaul royalty payments for all logs harvested and taken from the Timber Permit Area TP15–16 that no further permits, licences or approvals are necessary to be obtained from the Forestry Department for the export of logs upon which those royalties have been paid or tendered.

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