William Moses v Otto Benal Magiten (2006) SC875

• Jurisdiction: Papua New Guinea
• Date: 10 November 2006
• Citation: (2006) SC875
• Docket Number: SCA NO 15 0F 2001
• Court: Supreme Court
• Year: 2006

Full Title: SCA NO 15 0F 2001; William Moses v Otto Benal Magiten (2006) SC875

Supreme Court: Mogish, Cannings & Gabi JJ

Judgment Delivered: 10 November 2006

RULING

COSTS—certificate of taxation for costs—power of Supreme Court to make order for costs—lack of specific Rules of Court—Supreme Court Act, s6(2), 8(1)(e)—Supreme Court has same powers, authority and jurisdiction as National Court as to costs.

The respondent to appeal proceedings in the National Court and the Supreme Court was awarded costs in both proceedings. He obtained certificates of taxation of costs for both proceedings from a taxing officer, for specific sums. He applied to the Supreme Court for an order directing the entry of judgment for those sums. Neither the Supreme Court Act nor the Supreme Court Rules expressly empowers the Supreme Court to make orders for costs and there is no law equivalent to Order 22 of the National Court Rules regulating the making and enforcement of costs orders by the Supreme Court.

Held:

(1) When hearing and determining an appeal the Supreme Court has by virtue of s6(2) of the Supreme Court Act all the powers, authority and jurisdiction of a Judge exercising the jurisdiction of the National Court.

(2) Furthermore, the Supreme Court may, for the purposes of the Supreme Court Act, if it thinks it necessary or expedient in the interests of justice to do so, by virtue of s8(1)(e) of the Supreme Court Act, exercise in relation to the proceedings of the Supreme Court any other powers that may for the time being, be...