Application of Evangelical Lutheran Church of Papua New Guinea by Evangelical Lutheran Church of Papua New Guinea Superannuation Fund

• Jurisdiction: Papua New Guinea
• Citation: [1995] PNGLR 276
• Date: 10 April 1995
• Court: National Court
• Year: 1995

National Court: Sevua J

Judgment Delivered: 10 April 1995

1 Practice and procedure—prerogative writs—certiorari—application—ex parte application for leave to apply for judicial review—discretionary—delay of 11.5 months—applicant with vast commercial and financial resources, access to court and legal services—undue delay—leave refused

2 Simon Manjin v Post and Telecommunication Corporation [1990] PNGLR 288,

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Sevua J: The applicant seeks leave for orders for judicial review of:

1. The failure of the Minister for Finance to consider an application filed by the Evangelical Lutheran Church of Papua New Guinea Superannuation Fund for an exemption from the provisions of the National Provident Fund Act.

2. The decision of the Board of Trustees of the National Provident Fund of Papua New Guinea to reject the Petition filed in October, 1993 by the Evangelical Church of Papua New Guinea Superannuation Fund.

3. An order to stay the proceedings WS 404 of 1993 pending the outcome of these proceedings.

4. Such other order as the Court deems fit.

This is an ex parte application for leave for judicial review in which the applicant relied on the affidavit of one Joseph Inara, Executive Director of Kambang Holdings Limited, sworn on 1st March, 1995.

The facts are these. On 7 January 1978, the Evangelical Lutheran Church of Papua New Guinea, (which I shall refer to...