Ramu Nickel Ltd and Imuruba Clan (Imuruba Ilg) & Kurumbukari Landowners’ Association and Anton Gamu (Duakai Owoza Ilg) v The Honourable Dr Puka Temu, MP, Minister for Lands & Physical Planning and Owoza Land Group Inc and The Independent State of Papua New Guinea (2007) N3252

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 05 April 2007
• Citation: (2007) N3252
• Docket Number: OS NO. 950 of 2005
• Year: 2007

Full Title: OS NO. 950 of 2005; Ramu Nickel Ltd and Imuruba Clan (Imuruba Ilg) & Kurumbukari Landowners’ Association and Anton Gamu (Duakai Owoza Ilg) v The Honourable Dr Puka Temu, MP, Minister for Lands & Physical Planning and Owoza Land Group Inc and The Independent State of Papua New Guinea (2007) N3252

National Court: Injia, DCJ

Judgment Delivered: 5 April 2007

JUDICIAL REVIEW—Decision of Minister for Lands to grant Special Business and Agricultural Lease to Landowner Group over land the subject of an existing Special Mining Lease—Special Mining Lease conferred indefeasible title—State Lease subsequently granted and registered also conferred indefeasible title—Whether subsequent registered State lease extinguished existing registered Special Mining Lease—Constructive fraud implied - Certiorari granted—Decision quashed—Registered Special Business and Agricultural Lease set aside—Land Act 1996, ss. 11(2), 102, Mining Act 1992, ss. 4, 33, 120; Land Registration Act (Ch.19) s. 33; Land Dispute Settlement Act (Ch. 45), s. 4(1).

Cases cited:

Attorney General Michael Gene v Hamidian-Rad [1999] SC278; Emma Estate v Mea [1993] PNGLR at 229; Highlands Pacific Resources Ltd v Honourable Sam Akotai & Others (Unpublished Judgement dated 19 November 2005); Hi Lift Co. Pty Ltd v Miri Setae (2000) N2024; Ramu Nickel Ltd v Dr Puka Temu & Others (Unreported Judgement dated 11 January 2007); Steamships Trading Company Ltd v Garamut Enterprises Ltd N1959.

1. INJIA, DCJ: On 15 February, 2007 the first plaintiff filed an application for judicial review under O 16 r 5(1) of the National Court Rules (NCR) after leave was granted on 22 November 2005. The Second and third plaintiffs have been joined as parties under O 16 r 5(2) and r 9.

2. The application relates to a decision made on 18 August 2003 by the then Minister for Lands and Physical Planning the Hon. Michael Nali, to grant a Special Agricultural and Business Lease (SABL) to the second defendant over land described as portion 19C, Milinch Sepu, Fourmil Ramu, Madang Province, known as the “Duakai Owoza” land.

3. The second defendant is an incorporated customary land group which claims ownership of the “Duakai Owozo” land. There is no dispute that the SABL was granted under s 11(2) and s 102 of the Land Act 1996. The SABL was registered under the Land Registration Act (Ch. No. 191) on 22 September 2003.

4. The first plaintiff claims it has a registered Special Mining Lease over the same land which pre-existed the SABL and as such the land was not lawfully available for leasing by the State and it should be set aside. There is no dispute that Portion 19C is included in or is part of land contained in Special Mining Lease No 8 (SML 8) granted to the first plaintiff by the Head of State on 26 July 2000 under s 33 of the Mining Act 1992. The lease was for 40 years. There is no dispute that under s 120 of the Mining Act, the...