Korak Yasona v Casten [Casten] Maibawa and The Electoral Commissioner of Papua New Guinea (1998) SC589

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Citation: (1998) SC589
• Date: 09 October 1998
• Year: 1998

Full Title: Korak Yasona v Casten [Casten] Maibawa and The Electoral Commissioner of Papua New Guinea (1998) SC589

Supreme Court: Hinchliffe J, Injia J, Akuram J

Judgment Delivered: 9 October 1998

1 Judicial review—Constitution s155(2)(b)—Decision of National Court dismissing election petition for petitioner's failure to fully comply with Court order requiring filing and service of witnesse's affidavits—No gross error apparent on face of record—Application dismissed

2 SCR No 4 of 1982; Delba Biri v Bill Ninkama [1982] PNGLR 342, Application by Electoral Commission [1991] PNGLR 372, Malipu Balakau v Paul Torato [1983] PNGLR 242, SCR No 5 of 1998: SCR No 5 of 1988; Applications of Kasap and Yama [1988–89] PNGLR 197, SCR 13 of 1998: Peri v Agiru (Unnumbered and unreported Supreme Court Judgment dated 3 April 1998), SCR No 46 of 1998: Mendepo v Nali (Unnumbered and unreported Supreme Court Judgment dated 9 April 1998), SCR No 48 of 1998: Karo v Kidu (1998) (Unreported and unnumbered Supreme Court decision dated 5 June 1998) referred to

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By the Court: This is an application pursuant to s155(2)(b) of the Constitution seeking review of the decision of the National Court made on 16 June 1998 dismissing election petition No 21 of 1997.

The application relates to the trial judge's decision to dismiss the petition for the reason of the applicant's failure to prosecute the petition on the date and time the petition was fixed for trial. The petition was fixed for trial on 15 June 1998 at Goroka after a pre–trial conference held at Waigani on 26 May 1998 on which the following orders were made:

"1. The Petitioner (now applicant) is to file and serve affidavits of witnesses by Tuesday 9th June 1998.

2. The Respondents will have one week from 9th June 1998 to reply.

3. By the 17th June...