Vailala Purari Investment Limited as representative of the 124 Incorporated Land Groups within the Vailala TRP Area, James Hariva Lohoro, Ere Kilavi Incorporated Land Group within the Vailala TRP Area, Kore Evere, Laula Meahu Incorporated Land Group within the Vailala TRP Area, Jimmy Mearo, Haora Incorporated Land Group within the Vailala TRP Area, Kilala Karikara, Avoila Clan Incorporated Land Group within the Vailala TRP Area, Joe Mere, Kao Haruipi No 2 Incorporated Land Group within the Vailala TRIP Area, Fred Lauara, Harupi Incorporated Land Group within the Vailala TRP Area and Papua New Guinea Forest Authority, Michael Ogio, Minister For Forest and Frontier Holdings (2004) N2594

• Jurisdiction: Papua New Guinea
• Citation: (2004) N2594
• Date: 07 July 2004
• Court: National Court
• Year: 2004

Full Title: Vailala Purari Investment Limited as representative of the 124 Incorporated Land Groups within the Vailala TRP Area, James Hariva Lohoro, Ere Kilavi Incorporated Land Group within the Vailala TRP Area, Kore Evere, Laula Meahu Incorporated Land Group within the Vailala TRP Area, Jimmy Mearo, Haora Incorporated Land Group within the Vailala TRP Area, Kilala Karikara, Avoila Clan Incorporated Land Group within the Vailala TRP Area, Joe Mere, Kao Haruipi No 2 Incorporated Land Group within the Vailala TRIP Area, Fred Lauara, Harupi Incorporated Land Group within the Vailala TRP Area and Papua New Guinea Forest Authority, Michael Ogio, Minister For Forest and Frontier Holdings (2004) N2594

National Court: Davani J

Judgment Delivered: 7 July 2004

1 PRACTICE AND PROCEDURE—Application for leave for Judicial Review—Execution of Deed of Settlement and Release—Notice of Discontinuance filed

2 PRACTICE AND PROCEDURE—Effect of Deed of Settlement and Release on existing proceedings—proceedings brought to an end—institution of fresh proceedings

3 Pryer v Gribble [1875] LR 10 Ch App 534, Smythe v Smythe [1887] 18 2BD 544, Caltex (Overseas) Ltd v Douglas Charles Dent [1978] PNGLR 411, Green v Rozen [1955] 2 All ER 797, Siaman Riri v Simion Nusai (1995) N1375, Karl Paul v Aruai Kispe, The Regional Manager, PNG Forest Authority—Lae (2001) N2085, NCDC v Yama Security Services Pty Ltd [2003] PNGLR 1 referred to

Ruling (Application for leave for judicial review)

___________________________

Davani J: I have Notice of Motion before me filed by the plaintiffs on 15 April 2004 seeking various orders which are that;

1. Leave be granted to join various entities and person as plaintiffs;

2. Leave be granted to amend Originating Summons and Statement of Claim to include new plaintiffs and details of their material circumstances as applicants for judicial review;

3. That these amended pleadings then be served upon defendants or their lawyers;

4. That the application for leave to seek judicial leave should then proceed thereafter.

The orders sought in relation to joining and amending were granted by the motions court on 5 April 2004. The application for leave for judicial review proceeded on 10 June 2004 and was adjourned for my decision.

At the hearing of the application to join plaintiffs, Mr Frizzel for the defendants mentioned in court that a Notice of Discontinuance had been filed by the plaintiffs on 21 April 2004 and that at that time the plaintiffs were represented by Stevens Lawyers. I informed counsel that the issue of whether the Notice of Discontinuance should remain can be argued at the hearing of the application for leave for judicial review.

It was not until after I adjourned for my ruling on the application for leave for judicial review that, on perusing the file, I noted that the Notice of Discontinuance was filed, relying on the terms of a Deed of Settlement and Release which was executed on 5 February, 2003 (the 'Deed') by the plaintiffs representative and the third defendant, Frontier Holdings Limited. The Deed referred to proceedings in the National Court described as WS No 820 of 2003 and OS 566 of 2003. These present proceedings are OS 566 of 2003. I set out in full the terms of the Deed because they are very pertinent to the continuation or not of the application for judicial review. This document reads;

"DEED OF SETTLEMENT AND RELEASE

This deed of settlement and release is made on the 5th...