SCA NO 37 OF 2014; Patrick Pruaitch, MP, Minister for Forests and the National Forest Board of PNG, Forest Authority and National Executive Council and The Independent State of Papua New Guinea v David S. Nelson (2014) SC1349

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Citation: (2014) SC1349
• Date: 10 June 2014
• Year: 2014

Full Title: SCA NO 37 OF 2014; Patrick Pruaitch, MP, Minister for Forests and the National Forest Board of PNG, Forest Authority and National Executive Council and The Independent State of Papua New Guinea v David S. Nelson (2014) SC1349

Supreme Court: Makail, J

Judgment Delivered: 10 June 2014

PRACTICE & PROCEDURE—Application for leave to appeal—Proposed appeal against refusal to dismiss proceedings for want of prosecution and failure to comply with Court order—Interlocutory judgment—Leave required—Discretionary—Whether discretion manifestly unreasonable or exercised on wrong principle—Whether proposed grounds are arguable—Substantial injustice—Supreme Court Act—s14(3)(b)—Supreme Court Rules—O7, r1, r2, r3 & r4.

Cases cited:

Matiabe Oberia v. Chief Inspector Michael Charlie & The State (2005) SC801

RULING

1. Makail, J: The respondent Mr David Nelson was the Managing Director of the National Forest Authority until his termination on 16th October 2003 for cause by the third applicant the National Executive Council (“NEC”). He filed an application for judicial review to review the decision and sought an order for reinstatement. The National Court constituted by Los J upheld it and found that the decision to terminate Mr Nelson was unlawful. It did not order his reinstatement but ordered the applicants to pay damages to him based on the unexpired term of his contract of employment. The applicants appealed that decision to the Supreme Court and the Court upheld the appeal in part. It ordered among others, that the parties enter into negotiations and if no agreement was reached by 03rd June 2009, Mr Nelson was to file and serve a statement of claim for assessment of damages.

2. Parties failed to reach an agreement by 03rd June 2009...