Soka Toligai as President of Sentral Niu Ailan Local Level Government v Sir Julius Chan, the Governor of New Ireland Province and Amani Monovi, the Administrator, New Ireland Province (2012) N4842

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 18 July 2012
• Citation: (2012) N4842
• Docket Number: OS 173 of 2012
• Year: 2012

Full Title: OS 173 of 2012; Soka Toligai as President of Sentral Niu Ailan Local Level Government v Sir Julius Chan, the Governor of New Ireland Province and Amani Monovi, the Administrator, New Ireland Province (2012) N4842

National Court: Hartshorn J

Judgment Delivered: 18 July 2012

Application to dismiss proceeding—Order 12 Rule 40 National Court Rules - privity of contract—proceeding bound to fail - frivolous

Facts:

The defendants have applied to dismiss this proceeding. They submit that the plaintiff does not have the necessary standing or locus standi to seek the relief that he does. The plaintiff submits that he does have the necessary standing as he is the President of a Local Level Government that is referred to in the Agreement pursuant to which relief is sought.

Held:

The plaintiff is not a party to the Lihir Agreement and so does not have the necessary standing to seek the relief that he does and no cause of action is disclosed against the defendants. The proceeding is bound to fail and consequently is frivolous.

Cases cited:

Ronny Wabia v BP Exploration Operating Co Ltd [1998] PNGLR 8; PNGBC v Barra Amevo [1998] PNGLR 240; Christian Life Centre v Associated Mission Churches of PNG [2002] PNGLR 219; The Papua Club Inc v Nusaum Holdings Ltd (No 2) (2004) N2603; Kiee Toap v The State (2004) N2731; Kiee Toap v The Independent State of Papua New Guinea (2004) N2766; Kerry Lerro v Philip Stagg (2006) N3050; Beno Maoko v Kevin Ling (2008) N3293

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