Nancy Tambe and Others v Linda Tamsen and Another (2004) N2714

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2004) N2714
• Date: 16 November 2004
• Year: 2004

Full Title: Nancy Tambe and Others v Linda Tamsen and Another (2004) N2714

National Court: Injia DCJ

Judgment Delivered: 16 November 2004

1 Judicial review—Practice and procedure—Amendments—Statement in Support—Application made after leave granted—Principles applicable—National Court Rules O16 r3; r6(2), (3).

2 The Papua Club Inc v Nusaum Holdings Ltd [2002] PNGLR 230 and Michael Kewa v Elias Mai Kombo (2004) N2688 referred to

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Injia DCJ: The Applicants apply for leave to amend their Statement in Support filed under O16 r3(3) of the National Court Rules. This Statement was first filed in support of their application for leave to apply for judicial review. Leave was granted based on those grounds set out in the Statement. The amendment proposed is to add new grounds set out in the Statement. There is no amendments sought to the names and particulars of the parties and the relief sought in the statement.

At the hearing of the substantive application on 17 September 2004 before me, it became clear to me that the correct decision to review was not the original decision made on 20 September 2000 by the Respondents to terminate the Applicants' employment, but their subsequent decision made on 20 April 2001. In the...