In the Matter of the Ex–parte application of Poka Biki

• Jurisdiction: Papua New Guinea
• Citation: [1995] PNGLR 336
• Date: 07 February 1995
• Court: National Court
• Year: 1995

National Court: Doherty J

Judgment Delivered: 7 February 1995

1 Constitutional law—right to be heard—order of District Court in absence of party quashed—District Courts Act s247

2 Inferior courts—jurisdiction—validity of order confiscating liquor and closing business—owner never charged with violations—court hearings involved another person

3 Judicial review—delay in making application—circumstances

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Doherty J: The applicant applies for judicial review of a decision of the Boroko District Court. Proceedings were filed and served on Solicitor–General who filed an appearance by notice of intention to defend but has not appeared in this hearing although he has been called.

The decision of the District Court at Boroko involved a defendant GIOR KUKA. He was charged and, from the facts, he apparently pleaded guilty to a count of selling liquor without a licence contrary to s98(1)(a) of the Liquor Licensing Act (Ch312).

According to the information in the Statement of facts before the District Court he sold five (5) bottles of beer from the back of a trade store at Morata on the 19 October 1993. On 25 October 1993 the Court fined him K500.00, ordered "all exhibit be forfeited to State" and further ordered that the "tuckerbox licence" be cancelled" [sic].

The licence to trade belonged to the applicant in this Court POKA BIKI and not to the defendant in the District Court. Some, (according to the evidence here the majority) of the cartons of beer belonged to the applicant and not to the defendant in the District Court.

The applicant in this Court seeks orders that the decision of the Boroko District Court relating to the licence and forfeiture be quashed. In his statement in support of the application he further asked for damages for loss of income and profit from the 18 March 1994.

The original decision of the Boroko District Court was in October 1993 and on the face of it there has been a delay in bringing this application. I intend to deal that aspect of this case first. The National Court Rules O16 r4(1) provide that if the District Court considers there has been endue delay in making an application for judicial review then it may refuse to grant leave or it may refuse to grant any relief sought. In the...