PNG Air Traffic Controllers Association Incorporated and Civil Aviation National Technical Staff Association Incorporated v Civil Aviation Authority of Papua New Guinea and The Independent State of Papua New Guinea (2008) SC950

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Date: 03 October 2008
• Citation: (2008) SC950
• Docket Number: SCA NO 89 OF 2008
• Year: 2008

Full Title: SCA NO 89 OF 2008; PNG Air Traffic Controllers Association Incorporated and Civil Aviation National Technical Staff Association Incorporated v Civil Aviation Authority of Papua New Guinea and The Independent State of Papua New Guinea (2008) SC950

Supreme Court: Cannings J

Judgment Delivered: 3 October 2008

INJUNCTIONS – stay of proceedings and interim orders pending an appeal against a judgment of the National Court – Supreme Court Act, s5(1)(b).

The appellants (then the plaintiffs) commenced proceedings against the respondents (the defendants) in the National Court, challenging the validity of a memorandum of agreement between the parties and seeking orders to prevent implementation of the agreement. The appellants claim that the agreement was signed on their behalf by an unauthorised person. Prior to the trial the appellants applied by motion before the National Court for a number of orders, including an order that the respondents be prevented from implementing the agreement pending determination of the substantive matter. The National Court refused the motion in its entirety and the appellants appealed against the judgment of the National Court refusing the motion. On the same day that they filed their notice of appeal, the appellants filed an application for various interim orders under s5(1)(b) (incidental directions and interim orders) of the Supreme Court Act, which states:

Where an appeal is pending before the Supreme Court … an interim order to prevent prejudice to the claims of the parties may be made by a Judge.

This is a ruling on the application for interim orders.

Held:

(1) The question of whether to grant an application for interim orders under Section 5(1)(b) is a matter of discretion, which must be exercised after taking into account all the circumstances of the case, including:

• whether leave to appeal is required and whether it has been obtained;

• whether there has been any delay in making the application;

• possible hardship, inconvenience or prejudice to either party;

• the nature of the judgment sought to be stayed;

• the financial ability of the applicant;

• preliminary assessment about whether the applicant has an arguable case on the proposed appeal;

• whether on the face of the record of the judgment there may be indicated apparent errors of law or procedure;

• the overall interests of justice;

• the balance of convenience;

• whether damages would be a sufficient remedy.

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