Francis Kulunga v International Education Agency of Papua New Guinea Limited (2011) SC1106

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Date: 29 April 2011
• Citation: (2011) SC1106
• Docket Number: SCA NO 63 0F 2010
• Year: 2011

Full Title: SCA NO 63 0F 2010; Francis Kulunga v International Education Agency of Papua New Guinea Limited (2011) SC1106

Supreme Court: Gavara-Nanu J, Cannings J, Kariko J

Judgment Delivered: 29 April 2011

APPEALS—whether alleged error of law by primary Judge based on a correct interpretation of primary judge’s findings

PRACTICE AND PROCEDURE—whether a notice given to the State after commencement of proceedings but before joinder of the State as a party is sufficient—Claims By and Against the State Act, Section 5—dismissal of proceedings, National Court Rules, Order 12, Rule 40.

JUDGEMENTS AND ORDERS—whether interim injunction should continue in the event that a defendant is improperly named

The respondent commenced proceedings in the National Court, challenging the appellant’s title to land. The National Court made an interim order restraining the appellant from entering or developing the land, pending trial. The respondent and the appellant then each applied to the National Court for various orders. The respondent applied for leave to join additional parties and to amend its originating summons by seeking additional relief. The appellant applied for an order for dismissal of the entire proceedings and in the alternative to set aside the interim order restraining him from entering or developing the land, pending trial. The National Court made the orders sought by the respondent and refused to make the orders sought by the appellant. The appellant appealed against all orders of the National Court, on five grounds.

Held:

(1) All grounds of appeal were dismissed as the appellant failed to demonstrate that the primary Judge made any errors of law or fact in the manner alleged.

(2) The parties were ordered to bear their own costs as the respondent failed to appear at the hearing of the appeal.

Cases cited

The following cases are cited in the judgment:

Haiveta v Wingti (No 2) [1994] PNGLR 189

International Education Agency of PNG Ltd v Francis Kulunga (2010) N3991

Papua Club Inc v Nusuam Holdings Ltd (2005) SC812

APPEAL

This was an appeal against an interlocutory order of the National Court.

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