OS 422 of 2011; Thomas Taiya Ambi—Chairman and Director of Parapia PDL1 Holdings Ltd and Parapia Pdl 1 Holdings Ltd v Exxon Mobil Limited and Oil Search Limited and Hon. Francis Potape-Minister for Petroleum and Energy and Rendel Remua-Secretary for Department of Petroleum and Energy and John Andrias-Secretary for Department of Commerce and Industry and The Independent State of Papua New Guinea and Hides Gas Development Corporation Limited (2012) N4844
| Jurisdiction | Papua New Guinea |
| Court | National Court |
| Citation | (2012) N4844 |
| Date | 27 July 2012 |
| Year | 2012 |
Full Title: OS 422 of 2011; Thomas Taiya Ambi—Chairman and Director of Parapia PDL1 Holdings Ltd and Parapia Pdl 1 Holdings Ltd v Exxon Mobil Limited and Oil Search Limited and Hon. Francis Potape-Minister for Petroleum and Energy and Rendel Remua-Secretary for Department of Petroleum and Energy and John Andrias-Secretary for Department of Commerce and Industry and The Independent State of Papua New Guinea and Hides Gas Development Corporation Limited (2012) N4844
National Court: Hartshorn J
Judgment Delivered: 27 July 2012
Application to dismiss proceeding
Facts:
The second defendant, Oil Search Ltd, applies to dismiss this proceeding pursuant to Order 12 Rule 40 National Court Rules and this court’s inherent jurisdiction on the grounds that the plaintiffs do not have the locus standi to bring this proceeding.
Held:
1. The first and second plaintiffs do not have the necessary standing to bring this proceeding. Consequently the proceeding should be dismissed as being frivolous or vexatious, an abuse of the process of the court, and for not disclosing a reasonable cause of action
2. The National Court does not have the jurisdiction to determine a dispute concerning the ownership of customary land. If prosecuted, this claim is bound to fail. As such it is frivolous and vexatious and an abuse of the process of the court.
Cases cited:
Ronny Wabia v BP Exploration Operating Co Ltd [1998] PNGLR 8; 21 ILGS Gobe Project Area Incorporated Land Groups v The State (2006) N3096...
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