David Lambu v Peter Ipatas (No 4)

• Jurisdiction: Papua New Guinea
• Citation: [1999] PNGLR 634
• Date: 28 May 1999
• Court: Supreme Court
• Year: 1999

Full Title; SCR 11 of 1999; Application to Review Pursuant to Constitution s18 s155(2)(b) and s155(4); David Lambu v Peter Ipatas, Edward Konu and The Electoral Commission (1999) SC645

Supreme Court: Los J, Hinchliffe J, Sheehan J, Jalina J, Akuram J

Judgment Delivered: 28 May 1999

1 Practice and Procedure—Judicial Review—jurisdiction—application to reopen review by applicant following unsuccessful application for review—power of Supreme Court to review its own decisions—principles on which court will consider application to reopen—res judicata

2 David Lambu v Peter Ipatas (No 3) [1999] PNGLR 207, SC Review No 4 of 1990; Application by Wili Kili Goiya [1991] PNGLR 170; Richard Dennis Wallbank and Jeanette Minifie v The State [1994] PNGLR 78 and Sir Julius Chan v Ephraim Apelis (No 2) [1999] PNGLR 187 referred to

3 Constitution, s18, s155(2)(b), s155(4) referred to

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By the Court: The Applicant David Lambu seeks to review a decision of the Supreme Court made on 27 November 1998 (SCR 116 of 1998) which was itself a review of an earlier Supreme Court review judgment of 5 June 1998 in SCR 30 of 1998. That judgment itself followed a review of a decision of the National Court striking out a petition brought by the Applicant.

The basis of the Applicant's first review by the Supreme Court (SCR 30 of 1998) was brought on the grounds that First Respondent's nomination as a candidate in the National Elections was invalid since he was already holding an elective public office. Alternatively upon succeeding in the election and becoming a member of Parliament because he was effectively holding another elected public office at that time his election was rendered void. The Supreme Court in SCR 30 of 1998 rejected those grounds and dismissed the application. The Applicant however brought a fresh application for review...