In The Matter of An Application for Judicial Review Pursuant to Constitution, Section 155(4) And In The Matter of An Application Relating to The Interpretation and/or Application of a Provision of The Constitution Requiring The Original Jurisdiction of The Supreme Court under The Constitution, Section 18(1); Hon Bill Skate And Hon Peter O'Neil, MP and Members of The Parliament In The Opposition v Hon Jeffrey Nape, MP, Speaker of Parliament, Hon Patrick Pruaitch, MP, Leader of Government Business, Rt Hon Sir Michael T Somare, Kt GCMG, MP, Prime Minister, Ano Pala, Clerk of Parliament and The Independent State of Papua New Guinea (2004) SC754

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Date: 09 July 2004
• Citation: (2004) SC754
• Docket Number: SC OS No 3 of 2004
• Year: 2004

Full Title: SC OS No 3 of 2004; In The Matter of An Application for Judicial Review Pursuant to Constitution, Section 155(4) And In The Matter of An Application Relating to The Interpretation and/or Application of a Provision of The Constitution Requiring The Original Jurisdiction of The Supreme Court under The Constitution, Section 18(1); Hon Bill Skate And Hon Peter O'Neil, MP and Members of The Parliament In The Opposition v Hon Jeffrey Nape, MP, Speaker of Parliament, Hon Patrick Pruaitch, MP, Leader of Government Business, Rt Hon Sir Michael T Somare, Kt GCMG, MP, Prime Minister, Ano Pala, Clerk of Parliament and The Independent State of Papua New Guinea (2004) SC754

Supreme Court: Kapi CJ, Hinchliffe J, Batari J

Judgment Delivered: 9 July 2004

1 Practice and Procedure—Supreme Court of Justice—Interim Order to prevent prejudice—Jurisdiction of the Supreme Court—Particular circumstances involving application to restrain the Speaker from performing his duties—Pending the determination of originating Summons under s18(1) of the Constitution.

2 Norah Mairi v Alkan Tololo (No 1) [1976] PNGLR 59, Avia Aihi v The State (No 1) [1981] PNGLR 81, American Cyanamid Co v Ethicon Ltd [1975] AC 396 referred to

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By the Court: This is an application by the Hon Bill Skate MP (Applicant) to restrain the Hon Jeffrey Nape MP (First Defendant), the present Speaker of the National Parliament from performing his duties as Speaker until the substantive action in this matter is tried and determined by the Supreme Court.

The circumstances leading to this application are these. The Applicant has been the Speaker of the National Parliament since the general elections in 2002. At the relevant time, he was acting as Governor–General under s95(2) of the Constitution during the period the office of the Governor–General was vacant. During his absence, the First Defendant who was the Deputy Speaker, acted as Speaker of the National Parliament.

On or about the 26 May 2004, the Applicant gave notice that he would step down as Governor–General and instead resume his office as the Speaker of the National Parliament and preside on 27 May to elect the new Governor–General. However, the Applicant decided not to resume duty as Speaker after receiving further legal advice.

The National Parliament resumed its sittings on 27 May 2004 with the First Defendant presiding as the...