An Ex parte Application of Eric Gurupa for leave to apply for Judicial Review (1990) N856

• Jurisdiction: Papua New Guinea
• Citation: (1990) N856
• Date: 09 January 1990
• Court: National Court
• Year: 1990

Full Title: An Ex parte Application of Eric Gurupa for leave to apply for Judicial Review (1990) N856

National Court: Doherty AJ

Judgment Delivered: 9 January 1990

1 Prerogative writs—certiorari—delay as seeking—grounds for court to interfere with decision—Public Services (Management) Act 1986.

2 PREROGATIVE WRITS—Certiorari—Application for Discretionary matter of—Delay as seeking—Grounds for Court to interfere with decision—Public Services (Management) Act 1986 s46, s47, s57—Constitution s155(4).

An application for a writ of certiorari is, under O16, r4 of the National Court Rules, required to be made within four months. An applicant must show a body with a duty to act judicially has not done so.

The issue of an order nisi in the nature of a writ of certiorari being a discretionary matter, delay on the part of the applicant in seeking relief by means of the writ is an important factor to be taken into account.

Held:

Accordingly, where there had been a delay of almost two years by the applicant in seeking leave for a judicial review, which was in effect an application for a writ of certiorari, in respect of his dismissal by the Secretary of the Department of Works, where the illegal use of Government vehicle was at issue, an order for leave should be refused.

Dent v Kavali [1981] PNGLR 488, Sulaiman v PNG University of Technology (1987) N610.

Jovanes Arazi v Department of Transport and Civil Aviation [1981] PNGLR 436, R v Electricity Commissioners [1924] 1 KB 171, The State v Giddings, Ex parte Tiangan Koan [1981] PNGLR 423 and The State v District Land Court [1981] PNGLR 192 referred to

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Doherty AJ: The applicant applies for leave for judicial review of the decision of the Secretary of the Department of Works dismissing him from the Public Service. He had been employed for a period of eleven years prior to his dismissal.

From the originating summons and the statement in support it appears that the Secretary of the Department of Works laid two charges against the applicant following an incident on 21 May 1987. The two charges relate to the same event and are for illegal use of the Government vehicle and threatening two night watchmen. Apparently this occurred at about 8.30pm following a staff party. The vehicle was locked away at that time in the Works Department yard, which was being guarded by the night watchman. It was a Government vehicle. The applicant did not drive the vehicle he directed another person to do so and to take other staff members, who had been at the party home.

Notice under the Public Services (Management) Act 1986 was served on the applicant six days after...