Hon. Puri Ruing v Hon. Dr. Allan Marat,

• Jurisdiction: Papua New Guinea
• Citation: (2012) N4672
• Date: 14 May 2012
• Court: National Court
• Year: 2012

Full : OS 208 of 2012; In the Matter of the appointment of Directors of the Board of the National Airports Corporation Limited under the Civil Aviation Act; Hon. Puri Ruing in his capacity as the Minister for Civil Aviation and Shareholder of the National Airports Corporation Ltd and Jerry Agus & Steven Pim as Directors of the National Airport Corporation Limited v Hon. Dr. Allan Marat, Minister for Justice & Attorney General as nominal defendant for and on behalf of the Acting Head of State of Papua New Guinea, Hon. Ano Pala and the Independent State of Papua New Guinea and Peter Neville and Joseph Kintau (2012) N4672

National Court: Hartshorn, J.

Judgment Delivered: 14 May 2012

Facts:

This is an application to dismiss the proceeding as an abuse of the process of the court. The plaintiffs in their amended originating summons seek substantively a declaration that the third defendant's appointment as a director and the chairman of the National Airports Corporation Ltd (NAC) by the then Acting Head of State (Head of State) pursuant to the advice of the National Executive Council (NEC) is illegal and null and void ab initio for non-compliance with certain statutory provisions. The third and fourth defendants seek to dismiss this proceeding as an abuse of process of the court pursuant to O10 r9A (15) and O12 r40 (1)(c) National Court Rules

Held;

1. This proceeding is dismissed.

2. the plaintiffs shall pay the costs of the third and fourth defendants of and incidental to the proceeding

Cases:

Papua New Guinea cases

National Executive Council and Luke Lucas v. Public Employees Association [1993] PNGLR 264

Gene v. Hamidian-Rad [1999] PNGLR 444

Telikom PNG Ltd v. ICCC and Digicel (2008) SC906

Rabaul Shipping Ltd v. Rupen (2008) N3289

Overseas cases

Re Commonwealth of Australia v. Northern Land Council and Energy Resources of Australia Ltd [1991] FCA 416; 30 FCR1/103 ALR 267

1. HARTSHORN, J: This is an application to dismiss the proceeding as an abuse of the process of the court.

2. The plaintiffs in their amended originating summons seek substantively a declaration that the third...