Judicial Review Application by Andrew Posai [1995] PNGLR 350

• Jurisdiction: Papua New Guinea
• Citation: [1995] PNGLR 350
• Date: 30 August 1995
• Court: National Court
• Year: 1995

Full Title: Judicial Review Application by Andrew Posai [1995] PNGLR 350

National Court: Sheehan J

Judgment Delivered: 30 August 1995

1 Administrative law—judicial review—application for leave—need to establish an arguable case

2 Constitutional law—Judicial review—Basis and scope of court's power, Constitution s155(4).

3 Premdas v The Independent State of Papua New Guinea [1979] PNGLR 329, R v Hillingdon London BC [1986] AC 484, Chief Constable of North Wales Police v Evans [1982] 1 WLR 1155 and Ridge v Baldwin [1964] AC 40 referred to

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Sheehan J: On 5 July 1995 a Tribunal constituted under the Organic Law on the Duties and Responsibilities of Leadership found the plaintiff guilty of misconduct in office on some 26 counts. The Tribunal was then addressed by both the Public Prosecutor and Counsel for the plaintiff "as to what penalty should be imposed upon the leader and the law relating to the powers of the Tribunal and what the law required as the relevant considerations".

On the following day 6 July 1995 the Tribunal delivered its written decision, the "Imposition Of Penalties" determining that on certain of the counts against the plaintiff it was appropriate that there should be a recommendation for dismissal from office and on others that there need be a reprimand only.

Pursuant to s28(1A)(2) of the Constitution the appropriate authorities acted in accordance with the Tribunal recommendation. The plaintiff was therefore reprimanded and dismissed from office.

The plaintiff now seeks leave to apply for judicial review of the...