Peter Norr v Dominic Ikamata and The State; SCA 9 of 2004; Mayame Epea v The State (2005) SC815

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Date: 15 November 2005
• Citation: (2005) SC815
• Docket Number: SCA 8 of 2004
• Year: 2005

Full Title: SCA 8 of 2004; Peter Norr v Dominic Ikamata and The State; SCA 9 of 2004; Mayame Epea v The State (2005) SC815

Supreme Court: Sevua J, Sawong J, Lay J

Judgment Delivered: 15 November 2005

1 APPEAL—Appeal to Supreme Court—Application for leave and notice of appeal—Practice and procedure—Dismissal for want of prosecution—Application for—Failure to prosecute with due diligence—Failure to explain—Power of Supreme Court—Power is discretionary.

2 APPEAL—Practice and procedure—Dismissal for want of prosecution—Failure to prosecute appeal with due diligence—Failure by appellant to explain—Delay unexplained—Application for leave to appeal and appeal dismissed, Supreme Court Rules, O7 r53

3 Burns Philp (New Guinea) Limited v Maxine George [1983] PNGLR 55, General Accident Fire & Life Assurance Corporation Ltd v Ilimo Farm Products Pty Ltd [1990] PNGLR 331, Ronald Nicholas v Commonwealth New Guinea Timbers Pty Ltd [1986] PNGLR 133, Allen v Sir Alfred McAlpine & Sons Ltd [1968] 2 QB 229, Birkett v James [1978] AC 297 referred to

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By the Court: These are two separate appeals in respect of two separate proceedings in the National Court, WS 352 of 1994 and WS 891 of 1996, the decisions of which were given on 12 December 2003 in Mt Hagen. SCA 8 of 2004 relates to WS 891 of 1996 and SCA 9 of 2004 relates to WS 352 of 1994 . Both appeals were heard together.

Before the Court on 29 June 2005 were two separate applications by the respondent seeking orders that the appeals be dismissed for want of prosecution pursuant to O7 r53, Supreme Court Rules.

It appears that the relevant dates pertaining to the events that occurred in the Supreme Court following the dismissal of both writs on 12 December 2003 are the same so we set them out here to give some chronological sequence of those events in order to appreciate the...