SCA 87 OF 2014; Hon James Marape, in his capacity as the Minister for Finance and Hon. Peter O’Neill, in his capacity as the Prime Minister and Paul Paraka trading as Paul Paraka Lawyers and Royal Constabulary of PNG and The Independent State of Papua New Guinea (2014) SC1378

• Jurisdiction: Papua New Guinea
• Citation: (2014) SC1378
• Date: 30 July 2014
• Court: Supreme Court
• Year: 2014

Full Title: SCA 87 OF 2014; Hon James Marape, in his capacity as the Minister for Finance and Hon. Peter O’Neill, in his capacity as the Prime Minister and Paul Paraka trading as Paul Paraka Lawyers and Royal Constabulary of PNG and The Independent State of Papua New Guinea (2014) SC1378

Supreme Court: David, Hartshorn and Sawong JJ

Judgment Delivered: 30 July 2014

Application for injunction

Cases cited:

Papua New Guinea Cases

Employers Federation of Papua New Guinea v. Papua New Guinea Waterside Workers and Seaman’s Union and Arbitration Tribunal (1982) N393

Robinson v. National Airlines Commission [1983] PNGLR 478

Markscal Ltd v. MRDC [1996] PNGLR 419

Craftworks Nuigini Pty Ltd v. Allan Mott (1997) SC525

Chief Collector of Taxes v. Bougainville Copper Ltd (2007) SC853

Grand Chief Sir Michael Somare v. Ila Geno (2008) N3406

Ramu Nico Management (MCC) Limited and Ors v Tarsie and Ors (2010) SC1075 Airlines of PNG v. Air Niugini Ltd (2010) N4047

PNG Deep Sea Fishing Ltd v. Luke Critten (2010) SC1126

Overseas Cases

American Cyanamid Company v. Ethicon Limited (1975) AC 396

1. BY THE COURT: Before the Court is an urgent application for an interim injunction in a matter of public importance. The applicant for the interim injunction is the Hon. James Marape. An undertaking as to damages in respect of the interim injunction sought has been offered in accordance with standard practice. Notwithstanding that the court was informed that all parties consented to the application, we proceeded to hear argument on the application to ascertain whether the applicant was entitled to the relief that he seeks.

Background

2. The application for the interim injunction relates to orders made by the National Court on 1st July 2014 in proceeding OS 115 of 2014 Minister James Marape and Prime Minister Peter O’Neill v Paul Paraka trading as Paul Paraka Lawyers. The background to these orders is explained in detail in the judgment of His Honour below of 1st July 2014. In summary, it is as follows:

3. In OS 115 of 2014 by way of Originating Summons filed on 14th March 2014, Mr. Marape as first plaintiff and the Independent State of Papua New Guinea as second plaintiff had commenced proceedings against Paul Paraka trading as Paul Paraka Lawyers (“Paraka”). In those proceedings the plaintiffs sought, inter alia, an order for taxation (in accordance with s. 63 (4) and/or s. 65(1) and (2) Lawyers Act, s155 (4) Constitution and the National Court Rules) of 2,716 identified bills of costs of the defendant Paraka, provided to the State and totalling K51,348,652.

4. Mr. Marape had also sought an interim injunction against servants or agents of the Independent State of Papua New Guinea including members of the Royal Papua New Guinea Constabulary and the Officers of the Task Force Sweep Team restraining them from conducting a Record of Interview of him or such further or other investigative actions against him in respect of any previous payments of legal bills of Paraka. As His Honour below explained, this Originating Summons followed a letter dated 15 January 2014 by the then Commissioner of Police Toami Kulunga to Mr. Marape inviting Mr. Marape to attend an interview in relation to alleged fraudulent payment of legal bills to Paraka.

5. These events took place against a background of related proceedings (OS No 10 of 2014) wherein four police officers had taken steps to arrest a number of persons (including Mr. Marape and the Prime Minister) in relation to payments to Paraka. Consent orders were entered into restraining the police from arresting Mr. Marape and the Prime Minister pending determination of those proceedings. His Honour noted that OS No 10 of 2014 was discontinued by consent on 6 June 2014 resulting in the dissolution of the restraining orders.

6. Before His Honour the parties put forward the following proposed orders by way of consent:

a) That pursuant to O12 r1 of the National Court Rules and/or s155 (4) of the Constitution an interim injunction is issued restraining all officers and members of the Royal Papua New Guinea Constabulary from arresting the First Plaintiff or Second Plaintiff in respect of any previous payment of legal bills of the Defendant until the proceedings herein are determined.

b) That pursuant to O12 r1 of the National Court Rules and/or s155(4) of the Constitution the Police Commissioner and other Senior Officers of the Royal Papua New Guinea Constabulary are prevented from interfering with the investigation of the payment of the Paul Paraka legal bills by the police officers attached to Task Force Sweep pending the determination of these proceedings.

c) That the matter be adjourned to the Registry for the allocation of a date for Directions.

d) That the time for entry of these Orders is abridged.

Decision of His Honour

7. After explaining...