OS (JR) NO. 680 OF 2008; In an Application for Judicial Review commenced by Originating Summons; Miai Larelake v Hon. Havila Kavo, MP in his capacity as Governor of Gulf Province and Chairman of the Gulf Provincial Executive Council and Gulf Provincial Executive Council and Gulf Provincial Government and Hon. Peter O’Neill, MP in his capacity as the Minister For Public Service and Hon. Job Pomat, MP in his capacity as the Minister For Inter-Government Relations and Simon Peter and Rigo Lua, Dr. Linda Tamsen and Dr. Philip Kereme PH.D in their capacity as Commissioners of the Public Services Commission and Public Services Commission and Grand Chief Rt. Hon. Sir Michael T. Somare, MP in his capacity as Chairman for and on behalf of the members of the National Executive Council and National Executive Council and Independent State of Papua New Guinea (2009) N3809

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2009) N3809
• Date: 13 November 2009
• Year: 2009

Full Title: OS (JR) NO. 680 OF 2008; In an Application for Judicial Review commenced by Originating Summons; Miai Larelake v Hon. Havila Kavo, MP in his capacity as Governor of Gulf Province and Chairman of the Gulf Provincial Executive Council and Gulf Provincial Executive Council and Gulf Provincial Government and Hon. Peter O’Neill, MP in his capacity as the Minister For Public Service and Hon. Job Pomat, MP in his capacity as the Minister For Inter-Government Relations and Simon Peter and Rigo Lua, Dr. Linda Tamsen and Dr. Philip Kereme PH.D in their capacity as Commissioners of the Public Services Commission and Public Services Commission and Grand Chief Rt. Hon. Sir Michael T. Somare, MP in his capacity as Chairman for and on behalf of the members of the National Executive Council and National Executive Council and Independent State of Papua New Guinea (2009) N3809

National Court: Paliau, AJ

Judgment Delivered: 13 November 2009

PRACTICE & PROCEDURE—Application to Summarily Determined proceedings for failure to comply with Court’s Directions and Want of Prosecution—National Court Rules—O16 r13(13)(1) and r13(13)(2), O4 r36(1) and Constitution s155(4)—Application refused.

Cases cited;

William Maki v Michael Pundia [1993] PNGLR 337; Karl Paul v Aruai Kispe, The Regional Manager, PNG Forest Authority—Lae (2001) N2085; The State v Alphonse Wohuinangu (1991) N966; Vailala Purari Investment Ltd v Papua New Guinea Forest Authority (2004) N2594; Tenge Kai Ulo v Acting Public Prosecutor [1981] PNGLR 148; Stanley Miam v Joe Dai (2009) N3699

RULING

13th November, 2009

1. PALIAU, AJ: This is an application by way of Notice of Motion by the First, Second, Third and Sixth Defendants to strike out or dismiss the Judicial Review proceedings commenced by the Plaintiff. The application is to dismiss the proceedings in its entirety. The Motion was filed on 17th July 2009.

2. The application was made pursuant to Order 16 Rule 13(13)(1) and (2)(a) of the Judicial Review (Amended) Rules 2005 and O4 r36(1) of the National Court Rules and s155(4) of the Constitution.

3. Mr. Soi of counsel for the Defendants moved the Court to have the Judicial Review proceedings to be summarily dealt with and dismissed for want of prosecution. This is so because he submits that the Plaintiff has failed to comply with the Court Directions issued on the 15th June 2009.

4. Mr. Cooper of counsel for the 4th, 5th, 7th, 8th, 9th, 10th and 11th Defendants supports the application by Mr. Soi.

5. The Court’s Directions which were issued on the 15th June 2009 was in the following terms:

(1) Parties exchange final affidavits within seven (7) days by or before 22nd June 2009.

(2) Plaintiff to draft Statement of Legal Issues and Agreed and Disputed Facts by 29th June 2009.

(3) Defendants to respond by 2nd July 2009.

(4) Parties to settle draft index to the Review Book by 6th July 2009.

(5) Parties to file and serve relevant notices under the Evidence Act by 8th July 2009.

(6) Plaintiff to forward Draft Index to the Review Book by 10th July 2009.

(7) Defendant to respond to draft index to the Review Book by 13th July 2009.

(8) Parties to finalise a Review Book by 14th July 2009.

(9) Plaintiff to serve the Review Book on all parties by 16th July 2009.

(10) Parties to return to Court on 20th July 2009 pre-hearing conference:-

(i) Obtain date for hearing.

(ii) File extract of submissions.

(11) Parties ensure the State is separately served and advised of the progress of the matter and the date of hearing of the same.

FACTS

6. On...