Dekenai Construction Ltd and Lucas Dekena MP, Minister for Lands & Physical Planning and Pepi Kimas,Secretary for Department of Lands & Physical Planning and The Independent State of Papua New Guinea v National Airports Corporation Ltd (2015) SC1444

• Jurisdiction: Papua New Guinea
• Date: 14 July 2015
• Citation: (2015) SC1444
• Docket Number: SCA NO. 53 of 2011
• Court: Supreme Court
• Year: 2015

Full Title: SCA NO. 53 of 2011; Dekenai Construction Ltd and Lucas Dekena MP, Minister for Lands & Physical Planning and Pepi Kimas,Secretary for Department of Lands & Physical Planning and The Independent State of Papua New Guinea v National Airports Corporation Ltd (2015) SC1444

Supreme Court: Makail J

Judgment Delivered: 14 July 2015

SUPREME COURT—PRACTICE & PROCEDURE—Application for stay—Stay of National Court proceeding—Proposed appeal against grant of leave to apply for judicial review—Supreme Court Act—s19.

Cases cited:

McHardy v. Prosec. Security & Communications Ltd [2000] PNGLR 279

Jubi v. Frazer (2004) SC735

Kilip v. Mosley (2005) SC784

Willie Edo v. Margaret Elias (2008) SC1160

Pruaitch v. Manek (2011) SC1134

Bishop Wenge v. Mitio (2013) SC1234

State v. Transferees (2014) SC1348

Pruaitch v. Nelson (2014) SC1349

JST Limited v. Arkhefield (2014) SC1352

Hon. Ano Pala & Hon. Prime Minister Peter O’Neill v. Sam Koim, Chairman of the Task Force Team Sweep & Ors (2015) SC1436

1. MAKAIL J: This is an application made pursuant to Section 19 of the Supreme Court Act to stay the National Court proceeding OS (JR) No 430 of 2010 between National Airports Corporation Limited v. Lucas Dekena, Minister for Lands and Physical Planning & Ors pending the hearing and determination of the First Appellant’s application for leave to appeal or further order.

2. The Respondent instituted proceeding in the National Court and sought leave to apply for judicial review of two decisions:

(a) the decision of 09th April 2010 published in the National Gazette on 13th April 2010 to revoke a previous declaration of land as aerodrome land made and gazetted in June 1980 and a new declaration made in 2010; and

(b) the decision of 12th November 2009 to grant an Urban Development Lease (“UDL”) over Portion 2690 to the First Appellant.

3. On 3rd May 2011 the National Court granted the Respondent leave to apply for judicial review. The National Court held, amongst other things, the Respondent had an arguable case. The Appellants by application filed on 25th May 2011 sought leave to appeal against that decision. On 30th May 2011 they filed an application for stay of the National Court proceeding. They did not move the application until about a week ago.

4. The reasons for not progressing the application appear from the affidavit of Dane Mel filed on 23rd June 2015. Firstly, in July 2011, the application was adjourned several times. Secondly, the First Appellant filed an application in the National Court to dismiss the proceeding for want of prosecution. The parties agreed not to progress the Supreme Court proceeding pending the decision in the National Court on the application to dismiss. That decision was not given until 08th October 2012. The application to dismiss was refused.

5. Meantime, on 09th June 2011, the Respondent had filed an objection to competency of the leave application. That objection was not heard until March 2013 and the decision was not...