Unasi Martin and Others (all infants) as next friend and Serah Martin for herself and others (all infants) as next friend v Motor Vehicles Insurance (PNG) Trust (2007) SC896

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Date: 02 November 2007
• Citation: (2007) SC896
• Docket Number: SC APPEAL NO 9 OF 2007
• Year: 2007

Full Title: SC APPEAL NO 9 OF 2007; Unasi Martin and Others (all infants) as next friend and Serah Martin for herself and others (all infants) as next friend v Motor Vehicles Insurance (PNG) Trust (2007) SC896

Supreme Court: Batari J, Lay J and Hartshorn J

Judgment Delivered: 2 November 2007

SUPREME COURT—civil appeal - objection to competency - whether grounds of appeal questions of fact alone requiring leave.

Facts

The respondent objected to the grounds of the appellants appeal on the basis that it alleged that each of the grounds was a question of fact, from which leave to appeal had not been sought. Alternatively ground 3 (c) was incompetent in law.

Held

1. Ground 3(a) of the Appeal raised issues of fact alone. The objection to competency is upheld on that ground;

2. Grounds 3 (b) and (c) raise issues of mixed fact and law from which an appeal lies without leave. The objection to competency is dismissed with respect to these grounds;

3. It is not sufficiently clear that ground 3 (c) coupled with the other remaining ground would be incompetent to stop the appeal at the objection stage.

Cases Cited

Wahgi Savings and Loan Society Ltd v Bank of South Pacific Ltd (1980) SC185; Sidi Adevu v MVIT [1994] PNGLR 57 and in Oio Aba v MVIL (2005) SC799; Imambu Alo v MVIT [1993] PNGLR 1; Chief Inspector Robert Kalasim & The State v Aina Mond & Ors SC828; Don Pomb Polye v Jimson Sauk Papaki (1999)...