Review Pursuant to Constitution s155 (2) (B); Stephen Mendepo v National Housing Corporation and Suas Properties and Investment Limited (2011) SC1169
| Jurisdiction | Papua New Guinea |
| Court | Supreme Court |
| Date | 29 November 2011 |
| Citation | (2011) SC1169 |
| Docket Number | SC REVIEW NO. 42 OF 2009 |
| Year | 2011 |
Full Title: SC REVIEW NO. 42 OF 2009; Review Pursuant to Constitution s155 (2) (B); Stephen Mendepo v National Housing Corporation and Suas Properties and Investment Limited (2011) SC1169
Supreme Court: Davani, Hartshorn, Murray, JJ
Judgment Delivered: 29 November 2011
REVIEW—Application for leave to review—signed by lawyer for applicant, not applicant—Objection to competency of review—verbal application made at the hearing of the application for leave—no written application—O5 r1 (f) of Supreme Court Rules.
REVIEW—Objection to competency of—no provision in the Supreme Court Act and Rules—objection can be raised at any time, at the discretion of the Court.
OBJECTION TO COMPETENCY—Courts authority to raise objection - can be by its own motion—Court to ensure the integrity of its own process—where abuse of process, Court must confirm its authority.
Facts
Before the commencement of the hearing of an application for leave to review, the first Respondent’s counsel raised a preliminary, threshold issue which was basically that the Review was incompetent because the applicant had not signed it, contrary to O5 r1 (f) of the Supreme Court Rules.
The Court noted that although the Supreme Court Rules did not provide for objections to Competency of Reviews, the Court proceeded to...
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