PNG Lotteries Association Inc v Hon. Arthur Somare

• Jurisdiction: Papua New Guinea
• Citation: (2008) N3377
• Date: 19 May 2008
• Court: National Court
• Year: 2008

Full : OS NO 142 of 2008 (JR); PNG Lotteries Association Inc & Anor,First Plaintiffs and PNG Amusement Ltd, Gold Mercahnts Ltd, Numbers Loto Ltd, Pacific Lotto Ltd and Fortune (PNG) Ltd v The Hon. Arthur Somare Minister for Public Enterprises and National Gaming Control Board and Simon Sanaken Acting Chief Executive Officer and The Independent State of Papua New Guinea, Fourth Respondent (2008) N3377

National Court: Injia DCJ

Judgment Delivered: 19 May 2008

JUDICIAL REVIEW—PRACTICE AND PROCEDURE—Interim Injunctions—Application for interim injunctions following grant of leave to apply for judicial review—Relevant principles on grant of interim injunctions—Serious issues to be tried—Determination of arguable case at leave stage—Applicant must show more than an arguable case—Principles discussed—National Court Rules, O16 r3(8).

Cases Cited:

Ombudsman Commission of Papua New Guinea v The Hon. Justice Sakora & Ors (1996) N1720

Cornelius Ape v The State & Anor (1996) N1498

Nakun Pipoi v Minister for Lands (2001) N2120

The State v National Land Commission (2004) N2918

Peter Tupa v Sam Inguba (2006) N3171

Yama Group of Companies Ltd v PNG Power Ltd (2005) N2831

Employers Federation of Papua New Guinea v Papua New Guinea Waterside Workers’ and Seamen’s Union (1982) N392

Craftworks Niugini Pty Ltd v Allan Mott [1988] PNGLR 572

AGC Pacific (NG) Ltd v Andersen (2000) N2062

Golobadana No 35 Ltd v Bank South Pacific Ltd (2002) N2309

1. INJIA DCJ: Following grant of leave to apply for judicial review on 18th April 2008, I granted interim orders ex parte under O16 r3 (8) of the National Court Rules. The defendants now apply to set aside those orders.

2. All parties filed affidavits which were relied upon and extensive submissions, both written and oral, were made by counsel representing the parties and I reserved my ruling. I have considered those submissions. The main issue is whether the interim orders should be set aside.

3. The principles on grant of interim injunctions and extension of or discharge of interim injunctions are the same. The leading case is the decision of Kapi DCJ (as he then was) in Employers Federation of Papua New Guinea v Papua New...