PNG Waterboard v Gabriel M Kama and Others (2005) SC821

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Date: 16 December 2005
• Citation: (2005) SC821
• Docket Number: SCR 34 of 2004
• Year: 2005

Full Title: SCR 34 of 2004; PNG Waterboard v Gabriel M Kama and Others (2005) SC821

Supreme Court: Sevua J, Mogish J, Lay J

Judgment Delivered: 16 December 2005

1 ADMINISTRATIVE LAW—Judicial review—Jurisdiction of Supreme Court—Can a Supreme Court review decision of another Supreme Court?—No power to review decision of differently constituted Court under Constitution s155(2)(a) and s155(4).

2 PRACTICE AND PROCEDURE—Supreme Court—Judicial review—Appeal dismissed by Supreme Court for want of prosecution—Application to review—Does the Supreme Court have power to review decision of a differently constituted Court—No jurisdiction and no judicial review under Constitution, s155(2)(b) and s155(4).

3 TST Holdings Pty Ltd v Tom Pelis (1997) SC534, Application of Wili Kili Goiya [1991] PNGLR 170, Isidore Kaseng v Rabbie Namaliu & The State (No 2) [1995] PNGLR 481, Menapo Tulia v Eke Lama (1998) N1824 referred to

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By the Court: The respondent has applied to this Court for an order to dismiss the Application for Review filed by the applicant on 26 May 2004 on the ground that the review procedure provided for under the National Land Registration Act 1977 has already been utilized and the review by the National Court had already been determined on 8 February 2002.

The applicant in this review was not represented by counsel when the respondent's application was moved on 2 September 2005. However, that is of no consequence to the Court. We will make some remarks on this issue later as failure by lawyers to appear in the highest Court of the land is becoming prevalent and is of concern to the Court.

This review relates to certain decisions by the National Court and the National Land Commission (hereinafter the Commission), constituted by National Land Commissioner, Nathanias Marum over the Rebiamul Land, Portions 1044, 1054 and 1055 in Mt. Hagen, Western Highlands Province, where the applicant, PNG Waterboard, operates a reservoir, water treatment plant and pipelines supplying water to consumers in Mt Hagen.

The facts are these. On 13 September 1999, the...