Willie Edo - Acting Administrator, West New Britain Province v Margaret Elias—Secretary Department of Personnel Management and The State (2008) SC1160

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Date: 16 December 2008
• Citation: (2008) SC1160
• Docket Number: SCM 7 OF 2008
• Year: 2008

Full Title: SCM 7 OF 2008; Willie Edo - Acting Administrator, West New Britain Province v Margaret Elias—Secretary Department of Personnel Management and The State (2008) SC1160

Supreme Court: Hartshorn J

Judgment Delivered: 16 December 2008

Application for interim orders pending an appeal against a refusal of leave to apply for judicial review

Facts:

The appellant was refused leave to judicially review certain decisions of the first respondent. Those decisions are; the decision not to submit to the National Executive Council a list of candidates for appointment as the Administrator of West New Britain Province and the decision to advertise the position. The appellant seeks, among others, a stay of “the process leading to the appointment and the perfecting of a substantive Administrator”, that the State “refrain from dealing with further and perfecting the substantive appointment of an Administrator”, and a stay of the National Executive Council decision revoking his appointment as Provincial Administrator and appointing Mr. Steven Raphael as Administrator, until his appeal is determined.

Held:

1) The overall interests of justice and balance of convenience do not favour the grant of the interim relief sought. Mr. Edo does not lose his right of appeal if he is not granted the interim relief he seeks and there is no credible evidence to say why he would be prejudiced in the prosecution of his appeal if the interim relief was not granted. There is no evidence or submission to the effect that damages would not be an adequate remedy for any loss suffered.

2) It would be inconsistent for an applicant who is not able to obtain interim relief in the National Court until he obtains leave, to be able to obtain...