Air Traffic Controllers Association & Ors v Civil Aviation Authority & Ors (2009) SC1031

• Jurisdiction: Papua New Guinea
• Date: 04 May 2009
• Citation: (2009) SC1031
• Docket Number: SCA NO. 89 OF 2008
• Court: Supreme Court
• Year: 2009

Full Title: SCA NO. 89 OF 2008; Air Traffic Controllers Association & Ors v Civil Aviation Authority & Ors (2009) SC1031

Supreme Court: Injia, CJ

Judgment Delivered: 4 May 2009

COSTS—application for order for costs upon discontinuance of appeal—no provision on Supreme Court Act or Supreme Court Rules on Courts power to award costs in civil appeal—award of costs part and parcel of Supreme Courts ordinary jurisdiction—whether an appellant who discontinues proceedings has no rights to seek costs but pay for respondents costs - both parties negotiated on discontinuance of Court proceedings and a common position reached by settlement on continuation of court proceedings—each party bear their own costs—O7 Div.6 (r19 — r22) Supreme Court Rules

Cases Cited:

Papua New Guinea cases

Ainea Sengero v Luther Wenge (2001) N2152; Don Pomb Polye v Jimson Sauk Papaki [2000] PNGLR 166

Overseas Cases:

Ritter v Godfrey [1920] K.B. 47

1. INJIA, CJ: On 27th March 2009, this Court granted the appellant leave to withdraw the appeal. The appellants now apply for an order for costs in their favor. The first respondent opposes the application. The first respondent however does not seek costs but says each party should bear their own costs of the appeal.

2. No issue arises as to my jurisdiction sitting as a single judge to hear and determine the application.

3. The application filed on 3 March 2009 does not state the jurisdiction provisions under which the order is sought. There is no general provision in the...