SCA NO. 85 OF 2009; Ramu Nico Management Limited (MCC) and Mineral Resources Authority and The Independent State of Papua New Guinea v Joe Koroma and Guyeibi Nogoi Omowo Land Group Inc. ILG No. 12155 and Peter Kowane and Tigina Kwiane Land Group ILG No. 10244 (2009) SC1046

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Citation: (2009) SC1046
• Date: 12 October 2009
• Year: 2009

Full Title: SCA NO. 85 OF 2009; Ramu Nico Management Limited (MCC) and Mineral Resources Authority and The Independent State of Papua New Guinea v Joe Koroma and Guyeibi Nogoi Omowo Land Group Inc. ILG No. 12155 and Peter Kowane and Tigina Kwiane Land Group ILG No. 10244 (2009) SC1046

Supreme Court: Injia, CJ

Judgment Delivered: 12 October 2009

APPEAL—application for leave to appeal National Court decision refusing to dismiss proceedings—second application seeking leave to appeal against same interlocutory judgment also consolidated—main issue determined by trial judge was whether the National Court lacked jurisdiction to entertain claim, ie whether the case before the trial judge involved dispute as to ownership or customary land covered under SML 8 or tenement— O12 r40 National Court Rules, s14 Supreme Court Act

APPEAL—grant or refusal of leave discretionary—main test is whether applicant has shown that there is a prima facie case or an arguable case that the decision was wrong and that substantial injustice will be done by leaving the erroneous decision un-revisited or unrevised on appeal—customary ownership is determined by Land Courts and Lands Title Commission—National Court does not have jurisdiction to determine ownership of tenement or SML—arguable case demonstrated where trial judge read s155 of Mining Act in isolation to other provisions under Part VII—patent error by trial judge demonstrated—application for leave clearly arguable—leave granted in both applications—s4, s15, s60, s156, s157 Mining Act

Cases Cited

Breckwoldt v Gnoyke [1974] PNGLR 106; Matiabe Oberia v Chief Inspector Michael Charlie (2005) SC801; Sir Julius Chan v The Ombudsman Commission of Papua New Guinea [1999] PNGLR 240; Rimbink Pato v Anthony Manjin [1999] PNGLR 6; Andrew Baing v PNG National Stevedores Pty Ltd (2000) SC627; Boyepe Pere v Ningi [2003] PNGLR 58

1. INJIA CJ: This is an application for leave to appeal from a decision of the National Court refusing to dismiss the proceedings under O12 r40 of the National Court Rules. The application is made under s14 of the Supreme Court Act.

2. In SCA No. 88 of 2009, Mineral Resources Authority (first appellant), Ramu Nickel Ltd (second appellant), Ramu Nico Management (MCC) Ltd (third appellant), The State (fourth appellant) v Joe Koroma (first respondent), Guyeibi Nogoi Yowa Omowo Land Group Inc. ILG No. 12155 (Second respondent), Peter Kowane (third respondent) and Tigina Kwiave Land Group ILG No. 10244 (fourth respondent), the appellants sought leave to appeal against the same interlocutory judgment. The two appeals were consolidated for purpose of hearing and were heard together.

3. The applications are contested. Both parties filed affidavits and relied on them. Counsel made their submissions and I reserved my ruling to consider them. I now deliver my ruling.

4. By way of background, in proceedings commenced in the National Court at Madang in proceedings OS No. 280 of 2009 Joe Koroma & others v Mineral Resources Authority & others, the plaintiffs sought declaratory orders, inter alia, that any agreement signed by persons other than the plaintiffs purporting to represent the landowners of Krumbukari Block 1 (hereinafter abbreviated KB 1) in respect of the Ramu Nickel Project...