Louis Lucian Siu v Wasime Land Group Incorporated (2011) SC1107

• Jurisdiction: Papua New Guinea
• Date: 28 April 2011
• Citation: (2011) SC1107
• Docket Number: SCA NO 36 OF 2007
• Court: Supreme Court
• Year: 2011

Full Title: SCA NO 36 OF 2007; Louis Lucian Siu v Wasime Land Group Incorporated (2011) SC1107

Supreme Court: Injia CJ, Manuhu & Kawi JJ

Judgment Delivered: 28 April 2011

REAL PROPERTY - Customary land- Dispute over ownership of customary land - Interests in customary land—What is interests in customary land? Interests in receiving royalty payments, premium payments and levies are interests in customary land within the meaning of Section 26 of the Land Dispute Settlement Act-In addition any monetary benefits including any other benefits derived from the use of such lands are interests in customary lands-Proceedings seeking declaratory reliefs and court recognition of various interests in customary amounts to an abuse of the court process. No reasonable cause of action disclosed- Appeal dismissed. Practice and Procedure- Application to dismiss case for not disclosing reasonable cause of action-National court lacks jurisdiction to enquire into issues of customary land ownership and dispute over interests in customary lands—Order 12 rule 40. No reasonable cause of action disclosed- non disclosure of a cause of action amounts to an abuse of court process within the meaning of Order 12 rule 40. Appeal dismissed.

HELD:

(1) A dispute as to an interests in Land” as used in Section 26 and other provisions of the Land Dispute Settlement Act means a property interests or proprietary interests or a legal or equitable interests or any financial and monetary interests arising out of one’s ownership of such customary lands.

(2) Interests in customary lands also means interests over the use of such traditional lands and includes financial benefits and any other benefits derived from the use of such lands. It also means any monetary or financial benefits arising from or associated with or in connection with the use of or with one’s ownership of such a customary land and includes financial payments and benefits paid to land owners.

(3) Preliminary issues can be raised at any time and at any stage of the proceedings but preliminary issues which goes to the root of or competency of the appeal should have been more appropriately raised in an Objection to Competency filed under Order 7 rules 14-18 of the Supreme Court Rules. Any substantive preliminary matter that goes to the root of or competency of an appeal should be raised at the competency stage.

(4) Receiving of royalty payments, premium payment and levies are an ‘interests in customary land’ within the meaning of Section 26 of the Land Dispute Settlement Act.

(5) The National Court has no jurisdiction to inquire into or deal with issues relating to disputes over customary ownership or interests in customary lands. Golpak v Alongkarea Kali & Ors [1993] PNGLR 8 and Ronny Wabia v BP Petroleum Explorations Operating Co. Limited & 2 Ors [1998] PNGLR 8 applied.

(6) Any proceedings seeking declaratory reliefs and court recognition of various interests in customary land from which they stand to derive monetary benefits or any other benefits including financial and any other physical benefits amounts to an abuse of the court process because it does not in any way disclose a reasonable cause of action.

Cases cited

Papua New Guinea Cases

Golpak v Alongkarea Kali & Ors [1993] PNGLR 8

Mamun Investments v Paul Ponda & Ors [1995] PNGLR 1

Ronny Wabia v BP Petroleum Explorations Operating Co. Limited & 2 Ors [1998] PNGLR 8

Overseas cases

Burton v Shire of Bairnsdale [1908-09] 7 CCR

Dey v Victorian Railways Commissioner [1994] 78 CLR 62

Tapion v Anderson [1973] VR 321

1. BY THE COURT: This is an appeal against the interlocutory judgement of Cannings J given on the 27th April 2007 in the National Court proceedings OS 606 of 2006, Wasime Land Group Incorporated—v Louis Lucian Siu, and the Vanimo Forests Products and Terry Wara.

2. In OS 606 of 2006, the respondent herein, (who was the plaintiff in OS 606 of 2006) by Originating Summons sought inter alia substantive declaratory orders relating to their rights to receive royalties and other monetary benefits arising from their ownership of certain customary lands in Vanimo, the subject of an ongoing ownership dispute.

3. On the 27th of May 2007, the appellant Louis Lucian Siu filed and moved a Notice of Motion to have OS 606 of 2006, dismissed pursuant to Order 12, rule 40 of the National Court Rules on the basis that the entire court proceedings in OS 606 of 2006 are frivolous, vexatious and amount to an abuse of the court...