PNG Harbours Ltd v Pex Siaoa Avosa, Chairman, Public Service Concilliation and Arbitration Tribunal & 4 Others (2006) N3065

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 20 March 2006
• Citation: (2006) N3065
• Docket Number: OS No 120 of 2006
• Year: 2006

Full Title: OS No 120 of 2006; PNG Harbours Ltd v Pex Siaoa Avosa, Chairman, Public Service Concilliation and Arbitration Tribunal & 4 Others (2006) N3065

National Court: Injia, DCJ

Judgment Delivered: 20 March 2006

1 JUDICIAL REVIEW—Leave—Arguable case—Question of law as to whether former employees of PNG Harbours Board now transferred to PNG Harbours Limited are “employees” within the meaning of “public employee” under s2 of the Public Services Conciliation and Arbitration Act (Ch No 240)—Question of jurisdiction—Correct procedure under s28 of Public Services Conciliation and Arbitration Act to state a special case for opinion of the National Court—Tribunal exhausting procedure under s28—Judicial review procedure available to a party appearing before the tribunal, to raise issue of jurisdiction for determination by the National Court.

2 STATUTE—Interpretation—s28 (1)(b) of the Public Services Conciliation and Arbitration Act (Ch. No 240)—The phrase “shall if so requested by the National Court” Drafting error—Correct phrase intended—“shall if so requested by the parties appearing before it”.

Cases cited in the judgment:

Channel Coaling v Ross (1907) 1 KB 145; Ela Motors Limited v Mc Crudden [1973] PNGLR 436; Ex-parte John Papandakis [1977] PNGLR 313; London Corp v. Cox (1967) LR HL 239; R v. Dartmore Prison Board of Visitors ex parte Smith (1986) 2 All ER 651; R v. Justices of Kent (1889) 24 QB 181; R v. Electricity Commissioners (1924)1 KB 171; Steamships Trading v Dandi [1976] PNGLR 303; The State v Jacob Toroken (1981) N281.

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1. INJIA, DCJ: This is an application for leave to apply for judicial review made under O16, r3 of the National...