Ken Norae Mondiai and Png Eco Forestry Forum Inc v Wawoi Guavi Timber Company Limited and Papua New Guinea Forest Authority 2006 N3061

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 04 July 2006
• Docket Number: OS (JR) NO. 259 OF 2006
• Year: 2006

Full Title: OS (JR) NO. 259 OF 2006; Ken Norae Mondiai and Png Eco Forestry Forum Inc v Wawoi Guavi Timber Company Limited and Papua New Guinea Forest Authority 2006 N3061

National Court: LAY J

Judgment Delivered: 4 July 2006

1 PRACTICE AND PROCEDURE-National Court Rules O5 r8 - application to join as a plaintiff-considerations-whether applicant has legal right to enforce-whether applicant could have a cause of action-whether applicant has “sufficient interest”.

Facts

The Applicant Ombudsman Commission of Papua New Guinea applied to be joined as a party to these judicial review proceedings. The Commission had prepared a report into matters raised by the substantive proceedings and had made recommendations. There was an allegation that the recommendations of the report had not been followed by the Second Defendant.

Held

The Applicant was created by the Constitution and Organic Law. Its’ powers must be found in those constitutional provisions. Its’ powers were to investigate, report and recommend. The Court could not extend those powers. It was a matter for the Parliament. There is no legislative authority for the Ombudsman to join in the action as a party with sufficient interest. The Ombudsman Commission’s power of enforcing the recommendations contained in its’ reports is confined by Constitution s219(6) to advertising, and recommendations to the Parliament and the relevant authorities. The Ombudsman Commission could not bring proceedings, nor did it have any legal right to enforce. It did not have a “sufficient interest” within its constitutional functions. It could not be made a party to the proceedings. It is a matter for the trial judge as to whether the Ombudsman Commission should be heard on the substantive review pursuant to O16 r9(1) although that Rule permits non parties to be heard in opposition, not in favour of the Summons.

Cases Cited

PNG Printing Co Pty Ltd Andrew Thompson [1993] PNGLR 81; CBS Inc v Ranu Investments Pty Ltd [1978] PNGLR 66; Pinpar Development Pty Ltd v TL Timber Development Pty Ltd [1999] PNGLR 139; AGC (Pacific) Ltd v Sir Albert Kipalan (2000) N1944; SCR No 4 of 1980; Re Petition of MT Somare [1981] PNGLR 265; R v Inland Revenue Commissioners; Ex parte National Federation of Self-Employed and Small Businesses Limited [1980] 2 All E.R. 378; Re Election of Governor–General (No 1) (2003) SC721;

RULING ON APPLICATION BY OMBUDSMAN COMMISSION TO BE JOINED AS PLAINTIFF

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1. LAY J.: The Ombudsman Commission of Papua New Guinea applies to be joined as Fourth Plaintiff in these proceedings. The First and Second Plaintiffs, who were the only plaintiffs at the time of the application, consent...